THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


\ 


1r 


PM 


History  and  Analysis 

of  the 

Commission  and  City -Manager  Plans 

of 

Municipal  Government  in  the  United  States 

by 

Tso-Shuen  Chang 


SUBMITTED      TO    THE    FACULTY    OF    THE    GRADUATE     COLLEGE      OF     THE     STATE 

UNIVERSITY  OF   IOWA    IN    PARTIAL   FULFILLMENT   OF  THE  REQUIREMENTS 

FOR   THE   DEGREE  OF  DOCTOR  OF  PHILOSOPHY 


PUBLISHED  AT   IOWA  CITY    IOWA 
1918 


-^G^l-'V^- 


M 


AUTHOR'S  PREFACE 

The  purpose  of  this  monograph  is  three-fold.  In  the  first 
place,  the  writer  aims  to  trace  the  origin  and  development  of 
the  commission  plan  and  the  city  manager  plan — the  two  latest 
forms  of  municipal  government  in  America — with  a  view  to 
ascertaining  the  defects  of  the  older  forms  of  city  government 
and  the  conditions  which  have  led  to  a  nation-wide  movement  for 
the  re-organization  of  city  government. 

In  the  second  place,  the  writer  attempts  to  explain,  through  a 
detailed  analysis  of  statutes  and  charters,  the  structure  of 
municipal  government  under  the  new  regime,  and  to  show 
wherein  the  new  plans  have  departed  from  the  older  forms  of 
city  government  in  the  United  States. 

Finally,  the  writer  endeavors  to  discover  the  extent  to  which 
the  alleged  advantages  of  the  new  plans  have  been  sustained  in 
actual  experience.  His  studies  reveal  the  fact  that  the  published 
claims  of  achievement  under  the  new  plans  have  almost  without 
exception  emanated  from  officials  in  charge  of  the  government. 
An  accurate  estimate  of  the  actual  success  of  the  commission 
plan  and  the  city  manager  plan,  is  rendered  difficult  by  the  fact 
that  it  is  well-nigh  impossible  to  disentangle  the  improvements 
which  are  due  to  the  organization  and  administration  of  the  new 
forms  fror^  those  which  are  due  to  that  awakening  of  civic  con- 
sciousness >/hich  inevitably  accompanies  changes  in  government. 


377463 


4  COMMISSION  AND  MANAGER  PLANS 

The  writer  avails  himself  of  this  opportunity  to  express  his 
thanks  to  many  friends  for  their  readiness  in  giving  information 
and  furnishing  materials  for  this  monograph.  It  is  to  Profes- 
sor Benjamin  F.  Shambaugh  and  Professor  Frank  E.  Horaek 
that  he  feels  the  deepest  obligation.  From  the  beginning  to  the 
end  both  Professor  Shambaugh  and  Professor  Horaek  took  active 
interest  in  the  work  and  were  never  sparing  in  giving  encourage- 
ment. To  Dr.  Dan  E.  Clark  the  writer  is  indebted  for  criticisms 
and  suggestions  after  the  work  had  reached  the  manuscript 
stage.  Furthermore,  he  desires  to  express  his  appreciation  of  the 
many  courtesies  extended  to  him  by  the  library  staff  of  The 
State  Historical  Society  of  Iowa  and  of  the  State  University  of 
Iowa. 

Tso-Shuen  Chang 
Peking  Government  Univebsity 
Peking,  China 


CONTENTS 

I.     Introduction  7 

II.     Development  op  American  Municipal  Organization  20 

III.  Origin  of  the  Commission  Plan  of  City 

Government  49 

IV.  The  Des  Moines  Plan  :  its  Origin  and  its 

Provisions  75 

V.     Spread  of  the  Commission  Plan  of  City 

Government  97 

VI.     The  City-Manager  Plan  158 

VII.     Qualifications  for  the  Position  op  City- 
Manager  221 

VIII.     Summary  and  Conclusions  225 

Notes  and  References  243 

Index  273 


(6) 


I 

INTRODUCTION  _ 

It  is  only  within  recent  years  that  the  people  of  the  United 
States  have  shown  any  great  interest  in  the  problems  of 
municipal  government.  From  the  establishment  of  the  national 
government  until  about  the  last  quarter  of  the  nineteenth  cen- 
tury the  people  were  busy  with  the  problems  of  expansion, 
slavery,  civil  war,  reconstruction,  and  other  pressing  national 
questions.  These  were  solved  one  by  one ;  but  as  a  rule  the  cities 
were  left  to  develop  under  obsolete  and  outgrown  charters,  and 
few  people  ever  took  much  notice  of  them.  The  consequence  of 
this  neglect  is  well  known  to  every  student  of  American  politics 
and  institutions. 

'"'American  city  government  has  had  a  multitude  of  grievous 
charges  laid  at  its  door.  Numbers  of  these  accusations  were 
•unjust,  but  far  too  many  counts  of  the  indictment  have  been 
sustained.  Instituted  to  serve  the  citizen,  too  often  has  the  city 
organization  been  the  harbinger  of  those  who  robbed  the  people 
by  their  corruption  and  inefficiency.  These  are  stinging  charges 
to  substantiate  against  our  institutions  of  administration,  but 
even  the  most  callow  enthusiast  must  admit  the  fallacies  in  our 
systems  of  municipal  management.    Such  is  the  situation.  *^^ 

Such  were  the  conditions  when  students  and  writers  began  to 
take  notice  of  the  problems  connected  with  the  various  phases 
of  city  government  in  the  United  States.  They  were  greatly 
startled,  and  the  American  electorate  has  at  last  awakened  to  a 
realization  of  the  need  of  improving  the  machinery  of  city  gov- 
ernment. Municipal  government  in  America  has  thus  assumed, 
during  the  last  few  decades,  the  position  of  an  overshadowing 
issue  among  the  grave  problems  confronting  the  American 
citizens. 

Municipal  government,  especially  American  municipal  govern- 
ment, is  certainly  the  most  important  and  the  most  difficult 
phase  of  government.     It  is  most  important  because  munici- 

(7) 


8  COMMISSION  AND  :MANAGER  PLANS 

pal  government  is  "the  foundation  upon  which  is  built  the  entire 
governmental  structure  of  the  nation."^  It  touches  the  life  of 
the  citizen  at  more  points  and  is  of  more  vital  importance  to  his 
interests  than  any  other  branch  of  government  with  which  he 
comes  in  contact.  In  the  words  of  ex-Governor  Hughes  of  New 
York,  "The  source  of  political  power  is  more  and  more  to  be 
found  in  our  cities.  And  there  also,  in  an  awakened  feeling 
of  responsibility  with  regard  to  matters  which  directly  coacem 
the  lives  of  the  citizens,  may  be  found  the  needed  purifying 
force."*  Indeed,  city  government  in  modem  times  is  one  of 
the  great  factors  in  human  life,  and  it  gives  promise  of  becoming 
of  even  greater  significance  during  the  coming  generation. 

Municipal  government  is  the  most  difficult  to  administer 
because  of  the  multitudinous  and  constantly  increasing  functions 
which  it  has  to  perform,  and  also  because  of  the  exceedingly 
complex  conditions  of  modem  municipal  life  under  which  these 
functions  must  be  exercised.  The  great  concentration  of  popu- 
lation, the  rapid  growth  of  industrial  centers,  and  the  diversity 
of  interests  in  the  modern  city  have  brought  into  the  foreground 
a  mass  of  new  and  complicated  problems  which  the  city  is  com- 
pelled to  face  and  solve.  Indeed,  the  cities  are  "the  nerve- 
centres  of  the  social,  industrial,  and  political  world.  "-*  At  the 
same  time,  the  mechanism  of  city  government,  which  in  this 
country  was  modelled  on  the  pattern  in  vogue  for  the  nation  and 
the  States  and  which  fitted  the  wants  of  the  public  at  the  time 
when  municipal  problems  and  municipal  evils  were  unknown, 
has  proved  to  be  very  defective  under  the  complex  conditions  of 
modern  times.  Hence,  there  arises  the  problem  of  reorganiza- 
tion, that  is,  the  problem  of  adjusting  the  mechanism  of  gov- 
ernment to  the  conditions  and  problems  which  municipal  govern- 
ment has  to  face. 

Such  a  problem  of  readjustment  and  re-organization  is  by  no 
means  peculiar  to  municipal  government:  it  is  equally  present 
in  the  Federal  and  Commonwealth  governments.  It  has  been 
well  said  that  in  this  country  "there  is  never  a  year  in  which  the 
people  of  one  State  or  another  are  not  assembled  in  convention  to 
reconstmct  its  organic  law  from  its  very  foundations.  There 
is  never  an  autumnal  election  at  which  the  people  of  several 


INTRODUCTION  9 

States  do  not  vote  for  or  against  important  changes  in  their 
Constitutions."''  To  the  same  effect  are  the  words  of  James 
Bryce:  "America  changes  so  fast  that  every  few  years  a  new 
crop  of  books  is  needed  to  describe  the  new  face  which  things 
have  put  ou,  the  new  problems  that  have  appeared,  the  new 
ideas  germinating  among  her  people,  the  new  and  unexpected 
developments  for  evil  as  well  as  for  good  of  which  her  established 
institutions  have  been  found  capable. '  '^ 

This  spirit  of  restlessness  and  constant  agitation  for  improv- 
ing existing  conditions  is  more  manifested  in  the  movement  for 
new  city  charters  than  anywhere  else.  Since  the  beginning  of 
this  century  the  movement  for  good  city  government  has  spread 
over  the  whole  United  States.  The  progress  of  municipal  re- 
form, however,  has  been  slow,  although  not  unattended  by 
encouraging  features.  But  the  movement,  even  at  the  veiy  out- 
set, had  produced  a  ferment  in  a  thousand  active  minds.  Or- 
ganizations for  municipal  refoi-m  have  become  numerous  and 
widespread,  and  publicists  and  statesmen  have  searched  dili- 
gently for  the  model  system  of  government  which  would  rescue 
the  cities  from  inefficiency  and  misrule. 

The  recent  reform  movements  in  municipal  government, 
having  proceeded  upon  the  theory  that  failures  in  administra- 
tion and  leakages  in  the  public  treasury  are  due  more  often  to 
inefficient  organization  and  antiquated  methods  than  to  official 
dishonesty,  are  directed  along  two  distinct  lines — home  rule  and 
commission  government.''  "Home  rule  seeks  an  enlargement  of 
the  powere  of  the  municipality ;  commission  government,  a  more 
efficient  organization  to  exercise  these  powers.  The  city 's  powers 
are  inadequate,  according  to  the  first  movement ;  its  organization 
is  inadequate,  according  to  the  second."^  

Of  all  the  plans  yet  tried,  that  of  government  by  a  commission, 
having  as  its  goal  the  re-organization  of  the  machinery  and 
methods  of  government,  is  the  most  promising.^  In  connection 
with  this  form  there  has  been  recently  developed  a  modified 
plan,  known  as  the  city-manager,  or  commission-manager,  plan. 
The  commission  form  and  the  commission-manager  plan  are  the 
most  conspicuous  developments  of  recent  years  in  the  realm  of 
American  municipal  affairs:  they  deserve  serious  and  careful 
consideration   from   students  of  government. 


10  COMMISSION  AND  MANAGER  PLANS 

The  commission  form  of  city  government  is  not  a  definite  and 
fixed  type  of  municipal  organization.  "With  the  increase  in  the 
number  of  cities  operating  under  this  so-called  commission  form 
of  government,  and  with  the  increase  in  the  number  of  devia- 
tions and  departures  from  the  original  Galveston  plan  found  in 
various  cities  and  communities  which  are  claiming  to  have  a 
commission  plan  of  government,  it  is  rather  important  to  have 
clearly  in  mind  at  the  very  outset,  what  is  and  what  is  not  com- 
mission government. 

The  term  "commission  government"  as  applied  to  American 
cities  is  somewhat  misleading  and  confusing.  It  is  misleading 
in  that  the  word  "commission"  has  usually  implied  an  appoint- 
ive body.  But  ever  since  the  Galveston  commission  ceased  to  be 
appointive  by  the  Governor  and  became  t^lective,  there  has  been 
no  city  in  the  country  ' '  governed  by  commission, ' '  except  Wash- 
ington, D.  C,  the  government  of  which  is  entirely  different  from 
what  we  now  understand  as  commission  government.^"  It  is  con- 
fusing, because  in  those  States  where  "commissions"  have  been 
important  branches  of  State  administration,  the  term  is  used  in 
connection  with  two  entirely  different  things — according  as  it  is 
applied  to  State  or  to  city,^' 

When  applied  to  State  and  national  administration,  the  term 
"commission"  is  used  in  connection  with  the  practice  of  dele- 
gating the  administration  of  certain  specified  functions  to 
appointed  administrative  boards  or  commissions,  such  as  the 
Interstate  Commerce  Commission,  the  Federal  Trade  Board  in 
the  national  government,  and  the  railroad  commissions  and  tax 
commissions  in  the  Commonwealth  governments.  These  com- 
missions are  appointed  by  the  President  or  the  Governor  for 
definite  terms  with  fixed  purposes,  and  are  often  granted  almost 
complete  power  in  their  particular  spheres.  Consequently, 
"commission  government,"  as  applied  to  States  and  viewed 
from  the  standpoint  of  State  administration,  connotes  "de- 
centralization, the  delegation  and  division  of  authority  and 
responsibility,  and  the  disintegration  of  popular  control. "« 
The  same  idea  is  more  effectively  and  more  strongly  expressed 
by  Francis  H.  White  in  an  article  entitled  State  Boards  and 
Comrmssions  in  the  Political  Science  Quarterly,  as  follows:  "In 


INTRODUCTION  11 

effect,  the  commission  system  establishes  a  fourth  department 
of  government  directly  responsible  neither  to  the  people,  for 
the  members  are  seldom  elected;  nor  to  the  legislature,  for  it 
does  not  appoint  or  remove ;  nor  to  the  Governor,  for  though  he 
appoints,  it  is  seldom  he  has  the  power  of  removal. ' '"  For  this 
reason  there  has  been  developed,  with  the  spread  of  the  move- 
ment, considerable  prejudice  against  the  number  and  scope  of 
such  commissions  which,  as  has  been  asserted,  take  away  the  real 
power  from  the  representatives  of  the  people. 
^  But  the  term  "commission  government"  has  an  entirely 
different  meaning  when  applied  to  municipal  administration.  In 
contrast  with  its  use  in  connection  with  State  administration, 
the  term  when  applied  to  municipal  administration  is  used  to 
designate  "the  most  concentrated  and  centralized  type  of  or- 
ganization which  has  yet  appeared  in  the  annals  of  representa- 
tive municipal  history."^*  Commission  government,  as  applied 
to  the  city,  has  been  defined  as  "that  form  of  city  government 
in  which  a  small  board  (less  than  ten)  elected  at  large,  exercises 
substantially  the  entire  municipal  authority,  each  member  being 
assigned  as  a  head  of  a  rather  definite  division  of  the  adminis- 
trative work ;  the  commission  being  subject  to  one  or  more  means 
of  direct  popular  control  such  as  publicity  of  proceedings,  recall, 
referendum,  initiative  and  a  non-partisan  ballot. '  '^^ 

Under  the  above-quoted  definition,  some  notice  may  be  taken 
of  the  different  elements  which  are  included  in  this  type  of 
municipal  government.  These  elements  are  not  all  of  equal 
importance :  some  of  them  are  very  essential,  without  which  a 
charter  can  not  properly  be  placed  in  the  commission  govern- 
ment class;  while  others,  though  more  frequently  incorporated 
in  commission  charters  than  in  charters  of  other  types,  have  in 
reality  nothing  more  to  do  with  commission  government  than 
with  any  other  type  of  municipal  government. 

The  leading  features  or  characteristics  of  the  commission  form 
of  government  may,  therefore,  be  conveniently  divided  into  two 
classes:  the  essential,  and  the  non-essential.  The  essential 
features  are  those  which  are  absolutely  necessary  to  identify  a 
charter  as  a  commission  government  charter ;  and  the  non-essen- 
tial features  are  those  which  may  or  may  not  be  incorporated 


12  COMMISSION  AND  MANAGER  PLANS 

into  a  commission  charter  without  in  any  way  affecting  the  status 
of  the  charter  as  respects  the  commission  plan.  Opinion  may 
differ  as  to  what  are  essential  and  what  are  non-essential  features 
of  commission  government.  But  among  all  writers  there  is 
agreement  that  the  most  essential  element  which  distinguishes 
the  commission  charter  from  all  the  other  types  of  charters 
and  which  accounts  for  the  popularity  and  widespread  adoption 
of  the  plan  is  this:  "conspicuous  responsibility — and  hence  ac- 
countability—of all  elected  officials  to  the  people.  "^« 

This  "conspicuous  responsibility"  is  secured,  in  the  first  place, 
through  a  complete  centralization  and  concentration  of  all 
powers  and  responsibility  in  a  small  council  or  commission, 
which  is  never  to  exceed  ten  members  and  usually  consists  of  not 
more  than  five.  This  council  or  commission  must  not  only 
exercise  all  administrative  authority,  but  must  legislate  as  well. 
Indeed,  the  abandonment  of  the  doctrine  of  the  separation  of 
powers  as  applied  to  municipal  government  and  the  concentra- 
tion of  the  legislative  and  administrative  authority  in  a  single 
smaU  body  is  the  predominating  feature  of  the  new  system. 
Furthermore,  the  members  of  the  commission  must  be  the  only 
elective  officer  of  the  city,  with  the  possible  exception  of  the  au- 
ditor, and  must  have  the  power  of  appointing  and  removing  all 
the  subordinate  administrative  officials  of  the  city.  Finally, 
each  member  of  the  commission  is  placed  in  charge  of  a  par- 
ticular department  so  that  the  work  of  administration  is  con- 
veniently sub-divided  and  close  oversight  of  each  branch  of 
municipal  work  is  insured.  The  individual  commissioner  is  re- 
sponsible to  the  commission  as  a  whole  for  the  work  of  the  par- 
ticular department  of  which  he  is  the  head ;  and  the  commission, 
in  turn,  is  responsible  to  the  citizens  and  voters  for  the  entire 
administration  of  city  affairs.  Consequently,  official  responsibil- 
ity is  not  only  definitely  fixed,  but  fixed  on  the  officials  elected 
by  the  people. 

Writers  on  the  commission  plan  seem  to  agree  with  regard 
to  the  features  just  discussed,  but  upon  other  points  it  appears 
that  opinions  differ.  Other  features  which  have  come  to  be  re- 
garded in  the  popular  mind  as  the  earmarks  of  the  commission 
plan  have  been  considered  by  some  writers  as  essential  features 


INTRODUCTION  13 

and  by  others  as  non-essentials.  Among  these  debatable  features 
may  be  mentioned  election-at-large,  the  non-partisan  ballot,  the 
merit  system  in  the  appointment  of  subordinate  administrative 
officials,  and  the  placing  of  officials  under  direct  popular  control 
through  the  initiative,  referendum,  and  recall." 

Election-at-large  is  no  doubt  desirable  in  small  cities,  as  it 
tends  to  eliminate  petty  log-rolling  and  to  emphasize  the  unity 
of  the  city.  But  the  importance  of  this  feature  has  been  over- 
emphasized :  almost  all  the  writers  regard  it  as  one  of  the  chief 
essential  features  of  the  new  plan,  and  almost  all  commission 
statutes  and  charters  contain  provision  for  it.  But  it  must  not 
be  forgotten  that  commission  government  is  a  type  of  municipal 
government,  and  that  election-at-large  and  representation  by 
wards  are  simply  methods  of  representation.  Either  of  these 
two  methods  may  be  included  in  any  type  of  municipal  organiza- 
tion without  modifying  in  any  way  the  essential  features  of  that 
particular  type  of  government.  Indeed,  many  city  governments 
of  the  old  orthodox  type  elect  their  councilmen  on  a  general 
ticket.  Boston  and  San  Francisco  are  examples. ^^  But  the 
election  of  the  councilmen  on  a  general  ticket  does  not  in  any  way 
affect  the  municipal  organization  of  these  two  cities. 

The  elimination  of  the  ward  as  a  characteristic  feature  of  the 
commission  plan  is  perhaps  due  to  the  fact  that  for  a  long  time 
ward  elections  have  had  a  bad  name  in  this  country.  **  Ameri- 
can ward  representation,  ward  politics,  and  ward  organization 
have  come  to  be  associated  in  the  public  mind  with  bossism, 
trickery,  and  almost  everything  else  that  is  politically  demoral- 
izing. A  feeling  so  deeply  lodged  can  scarcely  be  without  some 
substantial  foundation.""  But  in  England,  where  councillors 
are  chosen  from  wards,*"  the  method  works  in  a  highly  successful 
manner.  The  difference,  as  pointed  out  by  Professor  Beard," 
lies  in  the  fact  that  "ward  offices  in  this  country  have  been 
characteristically  unimportant  and  obscure."  In  the  commis- 
sion plan  or  the  commission-manager  plan,  however,  a  councillor 
or  commissioner  is  an  exceedingly  important  officer :  his  position 
is  entirely  different  from  that  of  his  prototype,  the  councilman 
under  the  old  type  of  city  government.  Thus,  there  is  no  ground 
for  believing  that  the  commissioners  must  be  elected  at  large  lest 
the  commission  principle  be  violated,  as  one  writer  has  said." 


14  COMMISSION  AND  MANAGER  PLANS 

Furthermore,  when  cities  of  fifty  thousand  population  or  up- 
wards—like Oakland,  St.  Paul,  Jersey  City,  Buffalo,  and  others 
—have  adopted  the  new  plan  of  government,  there  have  been 
good  reasons  for  advocating  the  election  of  commissioners  by 
wards,  instead  of  at  large.  In  such  cities  "the  mere  size  of  the 
electoral  unit  acts  as  a  discouragement  to  independent  candi- 
dates of  moderate  means  and  gives  advantage  to  organized  stand- 
ing political  organizations,  inasmuch  as  the  task  of  improvising 
an  equally  effective  impromptu  vote-getting  organization  is 
too  much  for  the  resources  of  the  individual  candidate.  In 
larger  cities,  therefore,  ward  election  or  proportional  representa- 
tion is  advised,  as  a  genuinely  free  and  open  competition  for 
office  is  more  likely  to  ensue. '  '^^  To  the  same  effect  are  the  words 
of  Professor  Herman  G.  James.**  ' '  The  practice  of  election  on 
general  ticket,"  he  says,  "presents  increasing  difficulties  the 
larger  the  area  of  election,  since  the  labor  and  expense  of  con- 
ducting a  campaign  are  greatly  augmented.  But  aside  from 
that,  it  seems  unquestionable  that  some  of  our  largest  cities  are 
made  up  of  several  geographic  divisions  which  really  have  rather 
distinct  needs  and  whose  interests  would  perhaps  better  be  con- 
served by  a  representative  body  in  which  these  geographical 
divisions  as  such  have  representation." 

Indeed,  a  ward  election  under  the  commission  form  of  city 
government  will  be  a  different  matter  from  that  witnessed  in  the 
past,  for  the  commissioner  under  the  new  plan  is  a  very  im- 
portant officer — one  of  the  supreme  directors  of  the  city.  Thus, 
it  seems  that  it  is  possible,  and  in  some  cases  even  advisable,  to 
have  a  ward  system  of  representation  under  the  commission 
form,  and  that  there  is  no  ground  for  speaking  of  the  general- 
ticket  system  as  the  essential  feature  of  the  commission  form  of 
government.  Election-at-large  is  not  an  essential  feature,  but 
simply  one  of  the  "other  features"  of  the  commission  form  of 
city  government.** 

Other  features  which  are  frequently  connected  with  the  com- 
mission form  of  government  are  non-partisan  election;  the 
initiative,  the  referendum,  and  the  recall ;  and  provision  for  a 
civil  service  commission.  Ever  since  the  Des  Moines  plan  in- 
corporated these  features  they  have  been  found  in  almost  aU 


INTRODUCTION  15 

commission  charters,  as  well  as  in  nearly  all  recent  charters  of 
other  types.  But  they  are  by  no  means  essential  features  of 
commission  government.  The  non-partisan  ballot  is  certainly 
very  desirable,  but  not  indispensable;  for  "the  short  ballot  by 
making  the  party  label  a  superfluous  convenience,  thereby  de- 
stroys much  of  the  label's  influence  anyway."**  The  initiative, 
referendum,  and  recall  are  methods  of  direct  legislation  and 
devices  for  enforcing  popular  control  over  officials.  These  de- 
vices may  be  applied  to  any  branch  of  government,  national, 
State,  or  local.  Indeed,  the  initiative  and  referendum  were  to  be 
found  in  the  New  England  town  meeting  long  before  the  appear- 
ance of  commission  government.  There  is,  therefore,  no  more 
reason  to  connect  these  features  with  commission  government 
than  with  any  other  type  of  city  organization.  The  same  is  also 
true  of  the  civil  service  provision,  which  is  but  one  of  the  methods 
of  selecting  public  officials  and  fundamentally  has  nothing  to  do 
with  the  commission  form  of  city  government  as  such. 

Thus,  all  these  new  devices  for  enforcing  popular  control, 
which  are  almost  always  attached  to  recent  commission  statutes 
and  charters,  do  not  enter  vitally  into  the  theory  or  practice  of 
the  plan  as  such.  When  all  these  non-essential  features  are 
eliminated,  "conspicuous  responsibility"  is  the  only  essential 
element  which  characterizes  the  commission  plan  of  government. 
In  other  words,  ' '  a  true  Commission  Plan  is  one  which  conforms 
to  the  Short  Ballot  principle  which  is  defined  by  the  Short  Ballot 

Organization  as  follows : 

First:        That  only  those  ofl&cea  should  be  elective  which  are  important 

enough  to  attract   (and  deserve)   public  examination. 

Second:     That  very  few  offices  should  be  filled  by  election  at  one  time, 

so  as  to  permit  adequate  and  unconfused  public  examinations 

of  the  candidates." 

Thus  the  true  test  of  a  commission  charter  simply  depends 

upon  whether  or  not  it  embodies  the  element  of  "conspicuous 

responsibility",  and  if  this  fact  is  borne  in  mind  there  will  be  no 

difficulty  in  deciding  what  is,  and  what  is  not,  a  commission  form 

of  city  government.    This  distinction  is  important  because  there 

are  many  cities  in  the  United  States  which,  while  desiring  the 

advertisement  that  has  usually   accompanied  the   adoption   of 

this  type  of  government,  and  being  at  the  same  time  unwilling 


16  COMMISSION  AND  MANAGER  PLANS 

to  abandon  the  old  eighteenth  century  political  superstitions, 
have  adopted  one  or  more  non-essential  features  of  the  commis- 
sion plan  and  have  then  advertised  themselves  as  commission- 
governed  cities. 

In  spite  of  the  spread  of  the  commission  form  of  government 
during  the  last  decade,  and  in  spite  of  the  numerous  beneficial 
results  which  have  been  actually  attained  in  cities  operating 
under  this  type  of  government,  the  commission  plan  of  city 
government  has  not  proved  to  be  the  "cure-all"  its  enthusiastic 
advocates  expected.  Commission  government  is  no  panacea  for 
all  municipal  evils.  The  merit  of  the  plan  consists  in  pointing 
out  the  way  to  some  simplifications  in  the  machinery  of  city 
government.  But  it  is  far  from  being  perfect.  There  are  defects 
in  this  system,  just  as  in  any  other  plan  of  government,  the  most 
serious  of  which  arise  in  connection  with  the  actual  administra- 
tion of  the  plan. 28 

Theoretically  there  are  in  the  commission  plan,  as  has  already 
been  pointed  out,  both  the  collective  responsibility  of  the  com- 
mission as  a  whole  for  the  entire  administration  of  the  city  and 
also  the  individual  responsibility  of  each  commissioner  for  the 
administration  of  the  department  which  has  been  put  into  his 
charge.  But  as  a  matter  of  fact  the  collective  responsibility 
of  the  entire  commission  is  of  secondary  importance,  while  the 
individual  responsibility  of  the  members  is  by  far  the  most  im- 
portant consideration.  It  usually  happens  that  the  individual 
member  in  charge  of  a  particular  department  may  not  be  in 
sympathy  with  the  policy  imposed  upon  him  by  the  commission 
as  a  whole.  In  such  a  case — especially  in  cities  where  each  com- 
missioner is  elected  to  a  specific  office — he  may  choose  to  regard 
himself  as  responsible  to  the  people  rather  than  to  the  commis- 
sion ;  and  instead  of  carrying  out  the  policy  formulated  by  the 
commission  as  a  whole,  he  may  choose  to  carry  out  a  policy  of 
his  own,  which  may  not  be  in  harmony  with  the  policy  of  the 
other  departments.  In  the  experiences  of  some  commission- 
governed  cities  there  are  not  lacking  instances  which  point  to 
such  an  effect."  Indeed,  the  system  of  independent  elective  de- 
partment heads  is  not  consistent  with  the  theory  of  undivided 
responsibility.    Administration  has  been  defined  as  ''that  func- 


INTRODUCTION  17 

tion  of  government  which  demands  for  its  proper  exercise  cen- 
tralization of  power  and  responsibility."^"  But  such  an  ad- 
ministrative centralization  of  power  and  responsibility  can  not 
be  secured  under  the  five-headed  administrative  system,  even 
though  real  experts  can  be  secured  through  popular  election,  and 
even  though  the  salaries  provided  for  are  large  enough  to  attract 
the  services  of  efficient  administrative  officers.  The  various 
phases  of  municipal  administration,  although  divided  among 
different  departments,  are  so  intersecting  and  so  overlapping  in 
their  spheres  of  operation  that  they  can  never  be  independent 
of  each  other.  Administrative  efficiency  is  impossible  unless 
there  is  centralization  of  power  and  responsibility — which,  in 
turn,  can  not  be  secured  unless  there  is  a  central  single-headed 
executive  authority. 

Another  serious  question  which  arises  in  connection  with 
commission  government  is  the  question  of  how  real  experts  can  be 
secured  to  take  charge  of  the  administrative  work  in  each  de- 
partment. "A  man  cannot  be  taken  from  the  merchant's  store 
or  from  the  workman's  bench  and  be  turned  into  an  efficient 
administrator  by  the  simple  magic  of  popular  election  by  free 
citizens  of  a  great  republic."*'  When  the  voters  are  asked  to 
elect  commissioners  to  take  charge  of  specific  offices,  they  are 
burdened  with  the  difficult  task  of  gauging  the  executive  and 
administrative  ability  of  the  candidates.  Such  a  task,  as  exper- 
ience has  proved,  is  beyond  the  power  of  the  voters,  in  view  of 
the  natural  inability  of  the  ordinary  citizens  to  judge  the 
technical  qualifications  of  the  different  candidates  for  the  office. 
Furthermore,  the  imposing  of  requirements  of  technical  or  ad- 
ministrative ability  in  elective  officers  not  only  narrows  the  field 
of  popular  choice,  but  also  restricts  the  freedom  of  the  people 
to  follow  their  instincts  and  choose  candidates  primarily  with 
reference  to  their  representative  character. 

On  the  other  hand,  if  the  commissioners  should  be  chosen  in  a 
body,  with  power  to  apportion  the  offices  among  themselves  after 
the  election,  then  there  is  the  possibility  of  the  choice  of  popular 
candidates,  each  of  whom  might  be  well  qualified  for  a  certain 
one  of  the  offices,  while  none  of  them  might  be  fitted  for  any 
of  the  other  positions.     Undoubtedly,  there  are  arguments  for 


18  COMMISSION  AND  MANAGER  PLANS 

and  against  election  to  specific  office  and  election  at  random," 
but  as  both  of  these  plans  are  unsatisfactory,  they  will  not  be 
discussed  further  in  this  connection.  The  results  of  the  elective 
systems,  whether  providing  for  election  to  specific  office  or  for 
election  at  random,-^  as  provided  in  the  ordinary  commission 
plan  are  just  the  same:  amateurs  are  called  upon  to  execute 
what  only  those  with  professional  experience  are  competent  to 
perform.  This  is  a  very  serious  defect  of  the  new  plan.  It  is 
so  serious  that  some  students  predict  the  failure  of  the  plan  be- 
cause of  the  provision  for  the  popular  election  of  the  city 's  ad- 
ministrative department  heads. 

In  the  hope  of  remedying  such  defects  in  the  commission  plan, 
there  has  been  evolved  the  city-manager  plan,  which  would  pro- 
vide for  the  possibility  of  expert  administration  together  with  a 
unification  and  centralization  of  administration.  "It  creates  a 
single-headed  administrative  establishment  instead  of  the  five 
separate  administrative  establishments  seen  in  the  Des  Moines 
plan.  This  administrative  unity  makes  for  harmony  between 
municipal  departments  since  all  are  subject  to  a  common 
head."'^  The  city-manager  plan,  is  therefore,  the  inevitable  and 
logical  outcome  of  the  commission  plan.  It  carries  forward  still 
further  the  ideas  of  centralization  and  responsibility  which  find 
expression  in  the  commission  plan. 

The  essential  characteristics  of  the  commission-manager  plan 
are,  therefore,  the  centralization  of  administrative  and  legisla- 
tive powers.  Under  this  plan  there  is,  in  the  first  place,  "a  sin- 
gle board  (commission)  representative,  supervisory  and  legisla- 
tive in  function,  the  members  giving  only  part  time  to  municipal 
work  and  receiving  nominal  salaries  or  none;"  and  secondly, 
"an  appointive  chief  executive  (city  manager)  hired  by  the 
board  from  anywhere  in  the  country  and  holding  office  at  the 
pleasure  of  the  board. "^^  The  city-manager  is,  then,  "a  compe- 
tent, experienced,  trained  and  capable  person  selected  on  account 
of  his  peculiar  fitness  and  ability  to  manage  the  affairs  of  the 
city."" 

Thus,  under  the  new  plan,  the  attempt  has  been  made  to  dif- 
ferentiate the  legislative  from  the  administrative  power.  But 
this  is  not  the  same  kind  of  differentiation  that  existed  under  the 


INTRODUCTION  19 

old  council-mayor  plan.    In  former  times  it  was  the  fear  of  po- 
litical  tyranny   that   raised   advocates   of  the   doctrine   of  the 
separation  of  powers,  and  therefore  administrative  and  legis- 
lative authority  are  lodged  in  different  bodies  which  are  in  a 
large  measure  independent  of  one  another.     To-day  the  theory 
of  the  separation  of  powers  has  been  abandoned  under  the  com- 
mission plan  because  of  the  political  inefficiency  that  would  re- 
sult from  the  adoption  of  such  a  doctrine.    But  the  question  still 
remains  whether  legislative  and  administrative  powers  can  safely 
be  intrusted  to  an  elective  body,  without  militating  against  the 
highest  administrative  efficiency.    Finally,  the  question  has  been 
solved  by  making  the  functions  of  the  commission  supervisory 
and  legislative,  and  by  vesting  the  administrative  authority  in  a 
city  manager,  who  is  hired  by  the  commission,  is  under  its  su- 
pervisory control,  and  holds  office  at  its  pleasure.    The  city  man- 
ager is,  as  Childs  has  aptly  put  it,  a  "controlled  chief  exec- 
utive. "^«    It  is  the  aim  of  the  latest  plan  in  American  city  gov- 
ernment to  dispose  of  the  conflict  of  authority  and  responsibility, 
and  to  overcome  the  difficulty  in  securing  expert  administrative 
department  heads  as  found  under  the  commission  form.     At 
the  same  time  it  is  an  attempt  to  avoid  the  evils  arising  in  con- 
nection with  the  independent  executive  plan  of  city  government. 
Such,  in  brief,  are  the  fundamental  principles  underlying  the 
commission  form  of  city  government  and  the  commission-man- 
ager plan.    It  is  the  purpose  of  the  writer  in  this  study  to  trace 
the  origin  and  development  of  these  two  plans  of  city  govern- 
ment in   America,   and  to   analyze  the  statutes   and   charters 
relating  thereto. 


II 

DEVELOPMENT  OF  AMERICAN  MUNICIPAL 
ORGANIZATION 

It  is  difficult  to  understand  why  there  has  been  of  late  so 
strong  a  sentiment  in  favor  of  the  adoption  of  the  commission 
form  and  the  commission-manager  plan  of  city  government,  un- 
less one  first  has  clearly  in  mind  the  general  trend  of  American 
municipal  development.  The  movement  towards  city  govern- 
ment by  commission  or  by  commission-manager  is  not  an  isolated 
municipal  experiment,  but  a  phase  of  a  general  tendency;  and 
in  order  to  appreciate  the  real  significance  of  this  particular 
form  of  municipal  government,  to  grasp  the  causes  which  called 
it  into  being,  some  knowledge  of  the  history  of  American 
municipal  organization  is  indispensable.  A  brief  survey  of  the 
institutional  history  of  American  municipal  government  from 
the  colonial  period  down  to  the  end  of  the  nineteenth  century  is, 
therefore,  necessary. 

"American  municipal  government  has  its  historical  origin  in 
the  chartered  boroughs  or  municipal  corporations  established  in 
several  of  the  English  colonies  during  the  seventeenth  and  first 
half  of  the  eighteenth  centuries."^''  Again,  colonial  municipal 
corporations  had  their  origin  in  the  English  borough.  Thus, 
there  is  a  continuous  development  of  the  institutional  history 
from  the  English  borough,  through  the  colonial  municipal  cor- 
porations, to  the  American  cities  of  to-day.  The  influence  of 
English  conditions  on  the  American  charters,  both  colonial  and 
modern,  is  clearly  visible.  In  the  first  English  charter  granted 
in  1665  to  the  city  of  New  York,  it  was  expressly  stated  that  the 
officials  of  the  city  should  be  "Knowne  and  called  by  the  Name 
and  Style  of  the  Mayor  Aldermen  and  Sheriffe,  according  to 
the  Ciistome  of  England  in  other  his  Majesties  Corporations.  "'^ 
In  commenting  on  the  first  Boston  Charter  of  1822,  Nathan 
Matthews  says  that  "in  substance,  the  organization  provided  by 
the  charter  was  simply  an  adaptation  of  a  form  of  municipal 

(20) 


MUNICIPAL  ORGANIZATION  21 

government  which  has  existed  for  centuries  in  the  commercial 
towns  of  England.  "«^  A  few  words  on  the  system  existing  in 
England  in  the  seventeenth  and  early  part  of  the  eighteenth 
centuries  are  therefore  necessary  for  a  proper  understanding  of 
the  beginnings  of  American  city  government. 

The  typical  English  borough  about  that  time  has  been  de- 
scribed by  Bishop  Stubbs  as  "a  close  corporation  of  a  mayor, 
aldermen,  and  council  with  precisely  defined  organization  and 
numbers — not  indeed  uniform,  but  of  the  same  general  con- 
formation— possessing  a  new  character  denoted  in  the  name  of 
'corporation'  in  its  legal  sense. "^<'  Uniformity  in  English  bor- 
ough government  at  that  time  was  impossible,  because  each 
borough  was  incorporated  through  a  separate  grant  by  the 
Crown  of  its  own  special  charter.  As  a  consequence  the  powers 
and  functions  of  these  corporations  varied  widely.  As  a  rule 
the  sphere  of  action  of  the  English  borough  about  that  time  was 
a  very  limited  one.  "The  management  of  local  police,  the  ju- 
dicial administration,  the  direction  of  markets,  and  the  charge 
of  the  ancient  town  property  sum  up  the  local  interests  under 
the  control  of  the  borough  governments  even  in  the  larger 
towns.  "^^ 

Such  was  the  model  on  which  the  original  American  system 
of  municipal  government  was  framed.  During  the  colonial 
period  twenty  corporations  were  created  by  the  Governors  as 
representatives  of  the  Crown. ^*  All  these  charters  were  accepted 
by  the  inhabitants  of  the  incorporated  area:  they  were  not  im- 
posed on  the  people  since  it  was  a  principle  of  the  English  law 
that  the  King  could  not  create  a  corporation  without  the  consent 
of  the  people  affected  thereby.*' 

In  all  cases  the  grant  of  a  borough  charter  provided  for  the 
creation  of  a  governing  body,  which  followed  very  closely  the 
pattern  of  English  municipal  organization  during  the  latter 
part  of  the  seventeenth  and  the  early  part  of  the  eighteenth 
centuries.  The  principal  authority  in  these  boroughs  or  cities 
was  the  Common  Council,  which  was  composed  of  the  mayor,  a 
recorder,  and  a  number  of  aldermen  or  assistants,  all  sitting  to- 
gether as  one  body.  After  the  English  pattern,  the  mayor,  the 
recorder,  and  the  aldermen  were  vested  with  certain  judicial 


22  COMMISSION  AND  MANAGER  PLANS 

functions  in  addition  to  their  duties  as  members  of  the  Common 
Council.  But  contrary  to  the  prevailing  English  system,  the 
councilmen  and  aldermen  were  elected  "by  a  popular  vote  under 
a  franchise  which  everywhere  included  all  of  the  well-to-do 
classes,  and  generally  a  large  proportion  of  the  residents,  though 
in  no  case  was  manhood  suffrage  established. "»  "With  few  ex- 
ceptions, aldermen  and  councilmen  were  elected  for  a  term  of 
one  year.  In  Philadelphia,  Annapolis,  and  Norfolk  the  English 
system  of  the  close  corporation  was  followed.  Here  the  govern- 
ing body  was  a  close  corporation,  that  is.  "the  aldermen  and 
councilmen  held  their- positions  for  life,  and  vacancies  among 
the  aldermen  were  filled  by  the  corporations  (^.  e.  by  the  Com- 
mon Council),  and  for  councilmen  by  the  mayor,  recorder,  and 
aldermen.  "^^ 

Following  the  English  precedent,  the  mayor  was  in  no  case 
chosen  by  popular  vote.  In  the  close  corporations  he  was  elected 
from  the  existing  aldermen  by  the  corporation,  and  in  other 
cases  he  was  appointed  by  the  Governor  of  the  Province. 
Whether  elected  or  appointed,  the  mayor  held  office  for  a  term 
of  one  year ;  but  re-appointment  was  not  uncommon.  The  mayor 
was  the  presiding  officer  at  all  the  meetings  of  the  aldermen  and 
of  the  Common  Council,  and  his  presence  was  necessary  to  con- 
stitute a  quorum.  He  had  no  power  of  appointment  unless 
delegated  by  the  council,  and  in  no  case  had  he  a  veto  power. 
In  Philadelphia  he  did  not  even  have  the  right  to  vote  in  council ; 
but  elsewhere  he  had  such  a  power.  He  was  also  charged  with 
the  execution  of  the  laws  and  ordinances  and  therefore  had 
rather  a  wider  police  power  than  had  any  other  member  of  the 
Common  Council.  "These  conditions  tended  to  center  the  ad- 
ministration to  a  considerable  degree  in  his  hands;  while  his 
influence  in  municipal  affairs  was  further  increased  by  the  fact 
that  he  was  usually  a  man  of  much  experience  in  the  affairs  of 
the  corporation,  and  that  in  practice  he  held  office  for  a  number 
of  years.  Thus,  even  during  the  colonial  period,  the  mayor  be- 
came something  more  than  a  dignified  figure-head,  and  was  a 
real  force  in  the  municipal  government.  "<* 

The  functions  of  the  colonial  borough  included  judicial, 
legislative,  and  administrative  duties.     The  judicial  functions, 


MUNICIPAL  ORGANIZATION  23 

which  were  vested  in  the  mayor,  the  recorder,  and  the  aldennen, 
were  relatively  more  important  than  the  other  functions.  The 
mayor,  the  recorder,  and  the  aldermen  were  each  justices  of  the 
peace,  and  while  sitting  together  they  formed  a  local  court  of 
record.  In  some  instances  they  were  members  of  the  county 
court. '^^ 

As  to  the  legislative  powers,  the  municipal  corporations  were 
authorized  to  "make,  ordain,  and  establish  such  laws  and 
ordinances  as  should  'seem  to  be  good,  useful,  or  necessary  for 
the  good  rule  and  government  of  the  body  corporate'  and  to 
alter  and  repeal  the  same."^® 

The  administrative  jurisdiction  of  the  colonial  corporations 
were  "almost  exclusively  over  matters  of  special  interest  to  the 
small  urban  communities,  and  seldom  included  any  of  those  mat- 
ters for  which  there  was  a  general  system  over  the  entire  prov- 
ince. "^^  But  as  local  needs  increased  with  the  increase  of  the 
population  in  certain  places  during  the  eighteenth  century,  and 
as  the  corporations  had  no  authority  under  the  charter  to  supply 
these  needs,  frequent  additional  grants  were  conferred  on  the 
corporations,  not  by  the  Governor,  but  by  the  colonial  assembly. 

Thus,  American  municipalities  during  the  colonial  period, 
though  modelled  on  the  then  existing  English  boroughs,  differed 
from  the  latter  in  several  distinctive  features.  "Close  corpora- 
tions were  the  exception ;  the  mayor  was  already  an  active  official 
in  the  city  government;  central  control  over  the  municipalities 
existed  from  the  first  in  the  Governors'  power  of  appointing 
mayors ;  while  the  way  was  paved  for  a  more  active  control 
through  the  special  legislation  of  the  assemblies  in  response  to 
the  demand  of  the  municipalities  for  larger  powers  than  those 
conferred  in  their  charters. '  '^^ 

Such,  in  brief,  are  the  chief  characteristics  of  the  American 
colonial  municipal  system.  The  most  striking  feature  of  it  is 
the  fusion  of  the  legislative,  administrative,  and  judicial  duties 
in  one  and  the  same  body  of  persons.  This  fusion  of  duties  has 
led  President  Goodnow  to  conclude  that  the  present  commission 
system  of  government  "returns  to  the  original  form  of  city 
government  in  the  United  States  in  that  it  concentrates  all  pow- 
ers, administrative  and  legislative,  in  one  authority.  "^^     Para- 


24  COMMISSION  AND  MANAGEE  PLANS 

doxical  as  this  statement  may  seem  the  commission  system  of  city 
government  has  evolved  logically  from  the  colonial  framework 
of  local  government.  During  the  colonial  period  when  the 
functions  of  the  municipalities  were  few  and  when  the  local 
needs  to  be  provided  for  were  not  pressing,  the  machinery  of 
government  which  had  to  carry  out  these  functions  and  to  satisfy 
the  necessary  local  needs  was  not  required  to  be  highly  organized. 
Indeed,  government  under  such  conditions  was  very  simple:  a 
single  board  of  a  few  members  could  administer  the  entire 
government,  and  in  the  colonial  municipalities  this  proved  to  be 

the  case. 

But  as  conditions  have  gradually  changed  and  when  public 
health  and  safety,  education,  poor  relief,  the  improvement  of 
highways,  and  scores  of  other  new  problems  have  come  within 
the  horizon  of  the  activities  of  the  municipality,  new  organs 
have  been  added,  from  time  to  time,  to  the  existing  machinery 
of  government,  and  consequently  the  mechanism  as  a  whole  has 
become  more  and  more  complex.  This  tendency  was  illustrated 
by  American  experience  in  municipal  government  during  the 
first  and  second  quarters  of  the  nineteenth  century,  when  various 
offices  were  created  and  different  boards  or  commissions  were 
either  elected  or  appointed  to  take  charge  of  the  various  func- 
tions and  to  solve  the  numerous  problems  which  burdened  the 
municipalities  because  of  the  rapid  changes  in  the  industrial 
and  social  conditions  of  the  city. 

Such  developments  continued  for  some  time  without  criticism ; 
but  finally  the  people  discovered  that  the  complex  and  compli- 
cated machinery  was  not  satisfactory  and  that  the  principle 
underlying  the  existing  structure  was  fundamentally  wrong  and 
unsound.  The  result  has  been  a  reaction  against  the  cumbrous- 
ness  of  municipal  machinery — a  reaction  which  came  during  the 
latter  part  of  the  nineteenth  century  and  manifested  itself  in 
the  movement  for  the  simplification  of  the  machinery  of  govern- 
ment. The  logical  outcome  of  this  reactionary  movement  has 
been  the  return  to  the  original  principle  of  municipal  organi- 
zation through  the  creation  of  the  commission  form  of  govern- 
ment, in  so  far  as  the  vesting  of  all  the  municipal  authority  in  a 
single  body  is  concerned.  Indeed,  the  commission  form  has  been 


MUNICIPAL  ORGANIZATION  25 

regarded  by  an  eminent  authority  on  the  subject  as  * '  the  climax 
of  a  well-defined  movement,  from  the  influence  of  which  hardly 
a  single  large  city  in  the  country  has  been  entirely  exempt"** — 
a  fact  that  is  evidenced  by  the  history  of  American  municipal 
development. 

Differentiation  of  American  municipal  government  from  the 
British  borough  type  had  already  proceeded  to  a  considerable  de- 
gree even  during  the  colonial  period.  But  the  Revolution  and 
the  establishment  of  the  State  Constitutions  brought  about  still 
greater  changes  in  municipal  government  in  this  country — par- 
ticularly with  respect  to  the  position  which  the  city  henceforth 
occupied  in  its  relation  to  the  State  government. 

The  substitution  of  elected  for  appointed  Governors  changed 
the  entire  relationship  between  the  city  and  the  State.  In  the 
first  place,  the  Governor  ceased  to  appoint  the  mayor — this 
function  being  transferred  to  the  State  executive  council.  Sec- 
ondly, the  charter-granting  power  was  transferred  from  the 
executive  to  the  legislative  department  of  the  State  government. 
To  be  sure,  a  number  of  charters  appeared  after  the  Revolu- 
tion ;  but  they  were  issued  by  the  State  legislatures  in  the  same 
manner  as  other  statutes  were  enacted.  "By  this  change  these 
charters  could  not  claim  the  privileges  of  special  grant  which 
could  not  be  violated :  they  were  simply  legislative  statutes,  and 
as  such  liable  to  be  altered,  changed,  or  revoked  by  subsequent 
statutes."" 

Although  the  first  legislative  charters  did  create  municipal 
government  practically  in  conformity  to  the  then  existing  or- 
ganization, there  were  still  marked  differences  between  the  new 
municipal  constitutions  and  the  old  ones.  Not  one  of  the  new 
charters  was  based  upon  the  close  corporation  idea;  and  the 
popular  election  of  the  councilmen  was  firmly  established  as  the 
fundamental   principle    of   American    municipal    government.** 

Such  changes  can  be  well  illustrated  by  the  history  of  the  city 
of  Philadelphia  during  this  period.  With  the  Revolution  the 
first  charter  of  Philadelphia,  known  as  Penn's  Charter  granted 
in  1701,  came  to  an  end.  But  "when  the  war  cloud  had  passed 
by,  the  evils  arising  from  the  lack  of  systematic  government  be- 
came so  imminent  that  the  memories  of  past  grievances  van- 


26  COMMISSION  AND  MANAGER  PLANS 

ished  before  present  necessities,  and  in  1783,  a  petition  largely 
signed  was  presented  to  the  legislature  and  referred  to  the  city 
members."^'  As  a  result  the  second  charter  of  Philadelphia 
was  passed  by  the  legislature  on  March  11,  1789.  By  this 
charter  the  government  was  made  essentially  representative,  and 
the  administration  of  local  affairs  was  vested  in  the  mayor,  alder- 
men, eouncilmen,  and  the  recorder.  The  aldermen  and  coun- 
cilmen  were  elected  by  the  people,  the  mayor  by  the  aldermen, 
and  the  recorder  by  the  mayor  and  aldermen. 

This  charter  and  others  enacted  during  this  decade  are  impor- 
tant as  "marking  the  complete  legal  supremacy  of  the  legislatures 
over  the  municipalities,  since  not  even  the  existing  charters  are 
recognized  as  barring  any  measure  the  legislature  might  feel 
disposed  to  enact.  "^«  Indeed,  this  decade  has  been  well  termed 
as  "a  time  of  special  crisis  [in  municipal  development],  an  epoch 
of  transition  from  the  old  English  to  the  new  American  type  of 
urban  government."^'' 

It  may  be  noted  in  this  connection  that  several  salient  features 
stood  out  prominently  in  the  political  philosophy  of  the  states- 
men of  this  period.  Chief  among  these  was  Montesquieu's 
theory  of  the  separation  of  powers :  that  is  to  say,  the  powers 
of  government  should  be  distributed  among  three  distinct  de- 
partments— legislative,  executive,  and  judicial.  Another  char- 
acteristic of  the  political  philosophy  of  the  time  was  a  preference 
for  the  bicameral  legislature  composed  of  members  representing 
different  interests  or  geographical  units.  The  theory  of  the 
separation  of  powers  and  the  idea  of  a  bicameral  legisature  con- 
stituted the  most  important  features  of  the  system  of  the 
eighteenth  century  political  philosophy.  Indeed,  the  principle 
of  divided  power  or  of  checks  and  balances  had  become  an  axiom 
in  political  science  and  a  maxim  of  constitutional  government. 
The  fundamental  idea  underlying  the  whole  system  was  that  un- 
limited power  should  not  be  vested  in  any  department.^^  These 
principles,  which  were  formulated  in  connection  with  the  re-or- 
ganization of  national  and  State  governments,  and  which  were 
sanctioned  in  the  organic  laws  of  the  States  and  the  nation,  were 
gradually  transferred  to  municipal  government.  Thus  the 
dominant    factor  in    municipal    development  during    the  last 


MUNICIPAL  ORGANIZATION  27 

decade  of  the  eighteenth  century  and  the  first  quarter  of  the 
nineteenth  century  was  the  influence  of  the  so-called  "federal 
analogy ' '. 

In  the  closing  years  of  the  eighteenth  century  a  series  of 
new  charters  had  been  passed  and  several  old  ones  amended. 
Among  them,  the  charter  of  Baltimore  enacted  in  1797  and  the 
act  passed  in  1796  to  amend  the  Philadelphia  charter  were 
particularly  important  because  they  marked  the  beginning  of 
the  application  of  the  "federal  analogy"  to  municipal  govern- 
ment. In  Philadelphia  the  amendment  to  the  charter  introduced 
the  bicameral  system.  The  aldermen,  recorder,  and  mayor  were 
deprived  of  all  legislative  powers,  which  were  now  exclusively 
vested  in  a  select  council  of  twelve  members  and  a  common  coun- 
cil of  twenty  members  who  were  popularly  elected  and  who  acted 
in  separate  bodies.^''  A  third  house  or  division  of  the  council, 
consisting  of  fifteen  aldermen,  was  to  be  appointed  by  the  Gov- 
ernor. They  v/ere  to  hold  office  during  good  behavior  and  had  all 
the  powers  formerly  vested  in  the  board  of  aldermen,  "legislative 
powers  only  excepted."  The  mayor  was  elected  annually  from 
the  fifteen  aldermen  by  the  select  and  common  councils  in  joint 
session.  According  to  the  charter,  the  duties  of  the  mayor  "be- 
sides that  of  an  alderman  of  the  said  city,  shall  be  to  preside  in 
the  mayor's  court  when  present,  to  promulgate  the  by-laws, 
rules  and  ordinances  of  the  corporation  and  to  pay  special  atten- 
tion to  the  due  execution  and  fulfillment  of  the  same".^"  He 
had  no  power  of  appointment,  no  control  over  city  officers,  and 
no  veto  power. 

The  Baltimore  charter  of  1797  vested  the  government  of  the 
city  in  a  mayor  and  a  bicameral  city  council.  ' '  The  lower  house 
or  First  Branch  was  composed  of  two  members  elected  annually 
by  popular  vote  from  each  of  the  eight  wards  into  which  the 
city  was  divided.  The  upper  house  or  Second  Branch  was  com- 
posed of  one  member  from  each  ward,  elected  by  a  miniature 
electoral  college  made  up  of  one  elector  from  each  ward  chosen 
by  popular  vote  at  the  time  of  electing  the  members  of  the  First 
Branch.  The  mayor  was  elected  at  the  same  time  and  in  the 
same  manner  as  the  members  of  the  Second  Branch  of  the  coun- 
cil. "^^    By  subsequent  legislation  the  electoral  college  system 


28  COMMISSION  AND  MANAGER  PLANS 

for  the  choice  of  the  members  of  the  Second  Branch  was  abol- 
ished, but  it  was  retained  for  the  election  of  the  mayor  who 
was  given  the  same  veto  power  over  the  acts  of  the  council  as  the 
President  of  the  United  States  has  over  the  acts  of  Congress.  But 
in  the  distribution  of  powers  the  national  model  was  not  exactly- 
followed,  for  in  the  matter  of  appointment  the  mayor  was  re- 
stricted to  two  candidates  for  each  office  nominated  by  the  coun- 

cil.«« 

The  beginning  of  the  nineteenth  century  marked  no  distinctive 
changes  in  municipal  organization.  There  were  few  charters 
enacted  in  the  first  two  decades,  the  more  important  being  the 
charter  of  New  Orleans  issued  by  the  Territorial  legislature  in 
1806,  and  the  first  city  charter  of  Detroit  enacted  in  the  same 
year.  The  New  Orleans  charter  followed  practically  the  lines 
already  laid  down  in  the  earlier  charters.  The  officers  were  a 
mayor,  a  recorder,  a  treasurer,  and  a  number  of  subordinate 
officers ;  and  the  council  was  composed  of  fourteen  aldermen,  two 
from  each  of  the  seven  wards  into  which  the  city  was  divided. 
The  mayor  was  appointed  by  the  Governor  of  the  Territory,  but 
provision  was  afterwards  made  for  his  election.^' 

The  charter  of  Detroit  vested  the  government  in  a  mayor  ap- 
pointed by  the  Governor,  and  a  city  council  composed  of  two 
chambers  of  three  members  each — all  elected  by  the  people.  The 
mayor  was  given  an  absolute  veto  power  in  reference  to  all  the 
acts  of  the  council  and  he  had  the  power  to  appoint  all  city  offi- 
cers except  the  register.  The  council  was  given  extensive  powers, 
the  exercise  of  which  was  subject  to  the  mayor's  veto.^* 

The  consequence  of  this  incorporation  of  the  chief  features  of 
the  national  and  State  governments  in  municipal  charters  was 
very  unfortunate.  The  system  of  checks  and  balances  in  mu- 
nicipal government,  instead  of  safeguarding  the  interests  of  the 
people  against  the  arbitrary  and  ill-advised  acts  of  public  offi- 
cers, became  an  obstacle  to  the  prompt  and  efficient  performance 
of  municipal  functions  which  were  constantly  growing  with  the 
growth  of  cities.  These  changes,  the  autonomous  mayoralty,  the 
bicameral  council,  and  the  executive  veto,  which  made  their  ap- 
pearance in  municipal  charters  before  the  close  of  the  second 
decade  of  the  nineteenth  century  and  which  distinguished  the 


MUNICIPAL  ORGANIZATION  29 

municipal  organization  of  tliis  period  from  that  provided  in  the 
colonial  charters,  were  made  "not  because  those  who  were  re- 
sponsible for  them  had  any  experience  applicable  to  municipal 
conditions — for  at  the  time  these  changes  w^ere  made  no  one 
can  be  said  to  have  had  this  experience,  as  the  modern  city  is  a 
very  new  thing, — but  because  these  changes  were  in  accordance 
with  principles  which  it  was  universally  believed  had  been 
successfully  applied  in  the  national  and  state  governments."^* 
With  the  exception  of  the  changes  just  mentioned,  the  operations 
of  municipal  government  during  the  first  two  decades  of  the 
nineteenth  century  had  not  undergone  any  marked  transforma- 
tion from  those  of  the  colonial  period. 

The  period  from  1820  to  1850  was  characterized  by  the  further 
development  of  the  features  already  noticed  in  the  previous 
period.  At  the  time,  the  appearance  of  new  tendencies  was 
not  lacking.  In  the  new  Constitution  of  New  York,  adopted  in 
1822,  important  changes  in  municipal  government  were  intro- 
duced. The  appointment  of  the  mayor  was  henceforth  taken 
from  the  Governor  and  vested  in  the  city  council.*"®  Three  new 
charters  enacted  about  the  same  time  went  a  step  further  and 
provided  for  the  popular  election  of  the  mayor.  These  were  the 
charters  of  Boston  and  St.  Louis  (1822)  and  Detroit  (1824). 
But  the  mayor  was  still  in  almost  all  instances  not  a  very  im- 
portant officer  in  the  administrative  system  of  city  government. 
The  charter  of  Boston  illustrates  this  point.  The  financial, 
executive,  and  administrative  powers  of  the  government  were 
vested  partly  in  the  mayor  and  the  aldermen,  to  whom  the 
powers  of  the  selectmen  of  the  town  were  transferred,  and  partly 
in  the  city  council  to  be  exercised  by  concurrent  vote  of  both 
branches.  "Beyond  the  power  to  appoint  committees  which 
this  position  gave  him,  the  mayor  was  little  more  than  a 
figure-head ;  and  although  he  was  enjoined  by  the  charter  '  to  be 
vigilant  and  active  at  all  times  in  causing  tlie  laM^s  for  the  gov- 
ernment of  said  city  to  be  duly  executed  and  put  in  force',  and 
'to  cause  all  negligence,  carelessness  and  positive  violation  of 
duty  to  be  duly  prosecuted  and  punished',  the  Legislature 
omitted  to  clothe  him  with  powers  necessary  for  the  performance 
of  these  duties."®'' 


30  COMMISSION  AND  MANAGER  PLANS 

The  charter  of  St.  Louis  vested  the  administration  of  the  af- 
fairs of  the  corporation  in  a  mayor  and  a  board  of  aldermen,  all 
of  whom  were  to  be  elected  annually  by  the  qualified  voters. 
Both  the  mayor  and  the  aldermen  were  required  to  possess  a  free- 
hold estate  within  the  city  limits,  and  were  vested  with  powers 
not  differing  from  those  conferred  upon  like  officers  in  other 
cities/^ 

The  Detroit  charter  of  1824  provided  a  considerable  number 
of  elective  officers.  Among  them  were  a  mayor,  five  aldermen, 
a  marshal,  a  supervisor,  an  assessor,  a  collector,  and  three  con- 
stables, all  chosen  annually.  The  other  officers,  including  a  re- 
corder, a  treasurer,  and  a  clerk,  were  to  be  appointed  by  the 
mayor  and  the  aldermen.  The  maycr,  the  recorder,  and  the  alder- 
men were  to  constitute  the  common  council,  and  the  recorder 
was  to  be  the  vice  mayor  of  the  city.*''' 

The  New  York  charter  of  1830  was  another  typical  charter 
of  the  period  which  indicated  fairly  well  the  general  trend  of  the 
time  towards  the  elaboration  of  the  administrative  principles 
already  introduced  during  the  previous  decades.  The  charter 
of  1830  "proposed  nothing  short  of  an  entire  remodelling  of  the 
city  government  after  the  pattern  of  the  federal  and  state  con- 
stitutions, but  the  spirit  of  their  too  general  enactments  was 
little  carried  out  in  practice. '  ''">  By  this  charter  the  city  council 
was  divided  into  two  chambers  "for  the  same  reason  which  has 
dictated  a  similar  division  of  power  into  two  branches,  each 
checking  and  controlling  the  other,  in  our  general  govern- 
ment."''^ The  mayor  was  given  the  right  to  veto  any  order  or 
resolution  of  the  council,  although  his  veto  could  be  overridden 
by  a  two-thirds  vote  of  both  chambers.  The  charter  also  pro- 
vided that  the  executive  business  of  the  municipality  should  be 
performed  by  separate  departments  organized  and  appointed  by 
the  council.  From  the  mere  fact  that  the  mayor  could  veto  the 
ordinances  of  the  council,  however,  it  should  not  be  inferred  that 
the  mayor  was  made  the  chief  executive  of  the  city.  For,  as  has 
already  been  noticed,  there  were  several  commissions  appointed 
by  the  council  to  perform  the  executive  business  of  the  city." 

During  the  two  decades  from  1830  to  1850  numerous  new 
municipalities  were  established  and  new  charters  enacted.    Pro- 


MUNICIPAL  ORGANIZATION  31 

fessor  Fairlie  mentions  forty  cities  with  a  population  of  30,000 
or  more  that  received  their  first  charters  during  these  two 
decades.''^  The  chief  feature  in  all  these  charters  were  the  ex- 
tension of  manhood  suffrage  and  the  tendency  towards  popular 
administration.  A  few  examples  of  these  charters  may  be  taken 
to  illustrate  this  general  trend  in  charter-making  at  the  close  of 
the  second  quarter  of  the  nineteenth  century  and  subsequent 
years.  The  charters  of  Cleveland  (1836),  Chicago  (1837),  and 
Milwaukee  (1846)  are  typical  of  this  period. 

The  Cleveland  charter  of  1836  vested  the  government  in  a 
mayor  and  a  council.  The  mayor,  the  members  of  the  council, 
the  treasurer,  and  the  marshal  were  all  to  be  elected  annually. 
The  council  was  composed  of  three  members  from  each  ward 
and  as  many  aldermen  as  there  were  wards,  elected  on  a  general 
ticket,  but  no  two  of  them  were  to  be  residents  of  the  same  ward. 
The  number  of  wards  was  fixed  at  three,  but  the  council  had  the 
power  to  increase  or  change  the  number.  ' '  This  is  certainly  an 
extraordinary  system,  establishing  a  city  council  composed  so 
curiously  of  local  and  general  elements,  with  power  to  increase 
or  decrease  its  own  members  at  pleasure."'''* 

In  the  Chicago  charter  of  1837"  two  tendencies  appeared: 
first,  the  extended  use  of  the  suffrage  in  the  increase  of  elective 
officers,  and  the  tendency  of  the  mayor  and  council  to  divide 
functions.  The  principle  of  popular  suffrage,  though  recognized 
in  the  new  charter,  was  by  no  means  unrestricted  in  its  applica- 
tion. Indeed,  property  qualifications  for  the  suffrage  generally 
prevailed  throughout  the  country  during  this  period  and  Chi- 
cago was  no  exception  to  the  general  practice.  But  the  restric- 
tion in  the  new  charter  was  not  excessive :  a  normal  tax  of  three 
dollars  paid  within  one  year  before  the  election  entitled  the 
resident  to  the  privilege  of  the  suffrage,  and  the  members  of  the 
governing  body  were  required  to  be  free-holders.  The  sig- 
nificance of  the  Chicago  charter  in  this  regard  was  that  by  im- 
posing such  low  property  qualifications  it  opened  the  way  for  the 
introduction  of  universal  manhood  suffrage  at  the  earliest  pos- 
sible date.  It  was  only  four  years  later  that  all  property  quali- 
fications were  removed. 


32  COMMISSION  AND  MANAGER  PLANS 

The  governing  body,  as  provided  by  the  charter,  was  a  coun- 
cil composed  of  the  mayor  and  twelve  aldermen.  The  mayor  was 
popularly  elected  for  a  term  of  one  year.  As  far  as  administra- 
tion was  concerned  he  was  still  unimportant :  he  was  simply  a 
presiding  officer  of  the  council.  He  had  no  appointing  power 
and  could  not  veto  any  ordinances  passed  by  the  council.  In 
reality  the  charter  "prepared  the  way  for  a  separation  of  admin- 
istrative and  legislative  functions  by  removing  the  mayor  from 
the  control  of  the  council  in  his  tenure,  but  in  the  development 
of  his  power  it  did  not  radically  follow  out  the  division  of  powers 
at  the  time."''^ 

The  council  was  by  far  the  most  important  body.  Indeed,  the 
government  provided  by  the  charter  of  1837  was  an  administra- 
tion by  the  council,  M'hich  was  supreme  in  all  essential  matters. 
"The  supreme  position  of  the  council  in  the  charter  of  1837 
naturally  gave  it  complete  control  of  the  municipal  patronage. 
It  elected  annually  a  numerous  array  of  administrative  officers, 
who  possessed  more  or  less  discretionary  authority,  subject  final- 
ly to  the  will  of  the  council.""  But  the  supremacy  of  the 
council  was  only  of  short  duration  and  its  powers  were  greatly 
curtailed  by  the  charter  of  1847,  which,  in  accordance  with  the 
prevailing  tendency  to  increase  the  functions  of  the  electorate, 
made  the  city  attorney,  the  city  collector,  the  treasurer,  and  one 
policeman  for  each  ward  elective  and  directly  responsible  to  the 
electorate.''^  Thus,  "popular  administration  has  been  preserved 
and  fostered  in  the  American  municipality  to  the  exclusion  of  a 
trained  service,  by  extension  of  the  suffrage  to  many  offices, 
which,  in  their  nature,  require  previous  preparation."''^ 

The  Milwaukee  charter  of  1846  showed  exactly  the  same  tend- 
ency towards  popular  administration.  The  governing  body  of  the 
city  consisted  of  a  mayor,  a  common  council  of  three  aldermen 
from  each  ward,  and  also  a  justice  of  the  peace  and  a  constable 
from  each  ward.  All  of  these  officers  were  popularly  elected, 
with  a  tenure  of  office  for  one  year,  except  the  justices  of  the 
peace  whose  term  was  two  years.  The  mayor  was  given  the  im- 
portant duty  of  presiding  over  the  common  council,  in  addition 
to  tbe  usual  executive  functions.  He  had  no  power  to  vote,  ex- 
cept in  cases  of  a  tie.    All  other  officers — such  as  clerk,  treasurer, 


MUNICIPAL  ORGANIZATION  33 

attorney,  assessor,  and  the  like — were  appointed  by  the  common 
council.  But  the  appointing  power  of  the  council  was  removed 
in  the  next  year  and  the  treasurer,  the  attorney,  the  marshal, 
and  assessors  were  made  elective  by  an  amendment  to  the  char- 
ter. But  the  powers  of  the  aldermen  in  other  respects  were 
increased  during  the  next  few  years  by  a  series  of  special  acts 
and  further  charter  amendments.  ' '  These  authorized  the  coun- 
cilmen  of  various  wards  to  levy  special  taxes  for  grading  and 
graveling  streets,  building  wharves,  and  dredging  the  rivers; 
to  levy  a  general  harbor  tax ;  to  borrow  money  and  issue  ward 
bonds  for  street  work,  and  for  building  market  houses;  and  to 
provide  in  various  ways  for  building  sidewalks,  sewers  and  the 
like.  All  such  work  was  supervised  by  the  aldermen  (who  also, 
in  a  few  years,  were  empowered  to  make  contracts  for  the  same), 
we  can  imagine  what  vast  opportunities  developed  for  the  grafters 
and  the  ward  politicians."^" 

It  was  during  this  stage  of  municipal  development,  when  the 
council  was  practically  supreme  in  administration  and  when  the 
appointing  power  was  almost  entirely  in  the  hands  of  the  alder- 
men, that  the  spoils  system  made  its  first  appearance  in  the 
selection  of  city  officials. 

The  American  municipal  council,  as  has  already  been  pointed 
out,  was  practically  the  only  municipal  authority  known  to  law 
in  the  early  days.  During  the  colonial  period  and  a  few  decades 
following  the  council  discharged  practically  all  the  municipal 
administrative  functions,  while  the  mayor  was  relatively  unim- 
portant, though  signs  were  not  lacking  to  indicate  the  opposite 
tendency  about  the  beginning  of  the  nineteenth  century.  But 
with  a  few  exceptions  like  Baltimore  and  New  York  City,  where 
the  maj^or  was  given  the  power  to  veto  ordinances,  the  council, 
up  to  the  second  quarter  of  the  nineteenth  century  or  even  later, 
was  the  all-important,  central  body  of  the  city  government.  All 
the  governmental  activities  of  the  city  were  put  into  the  hands 
of  this  organization.  Its  functions  included  both  the  making  of 
the  ordinances  and  the  carrying  on  of  the  administration.  Ad- 
ministrative functions  were  discharged  through  the  committees 
of  the  council,  as  has  been  indicated  by  the  charters  which  have 
just  been  analyzed.     The  council  committees  appointed  to  take 


34  COMI\riSSION  AND  MANAGER  PLANS 

charge  of  specific  phases  of  city  administration  had  the  power 
of  appointing  all  of  the  subordinate  administrative  officers,  sub- 
ject to  the  approval  of  the  council. 

Gradually  separate  city  executive  departments  were  formed 
to  take  charge  of  the  administrative  work.  In  the  very  begin- 
ning the  heads  of  these  departments,  like  the  council  committees, 
were  appointed  by  the  council.  Under  both  systems  the  respon- 
sibility for  the  executive  business  of  the  government  was  divided 
among  a  large  number  of  officers,  and  could  never  exactly  be 
located.  The  consequence  was  lack  of  efficiency  and  cohesion  in 
the  city  administration.  Worse  still  was  the  intrusion  of  the 
political  parties  in  the  city  elections  and  city  affairs. 

"It  was  natural  and  inevitable,  under  such  conditions,  that 
political  parties  should  grasp  for  the  control  of  cities  and  villages 
and  extend  their  party  tests  and  spoils  system  methods  over 
them.  Nowhere  else  could  parties  so  effectively  organize,  find 
so  many  subservient  voters,  grasp  so  much  patronage,  or  so  easily 
extort  large  sums  of  money  and  other  spoils — in  a  space  so  small 
and  easily  dominated — as  in  cities.  City  party  government 
which  enforced  party  tests  of  opinion  for  all  offices  and  places 
in  the  city  service,  was,  therefore,  quickly  extended  to  every  city 
and  village,  equally  without  consideration  of  its  fitness  and  with- 
out resistance."*^  The  influence  of  the  political  parties  in  mu- 
nicipal affairs  increased  with  the  expansion  of  municipal  activi- 
ties which  made  possible  the  increase  in  the  number  of  positions 
in  the  city  government  available  as  rewards  to  the  party 
workers.  The  increase  of  municipal  activities  and  functions  was 
mainly  due  to  the  growth  of  cities. 

A  marked  tendency  towards  a  rapid  development  of  cities  was 
seen  everywhere  during  the  first  part  of  the  nineteenth  century. 
Indeed,  the  growth  of  large  cities  has  been  said  to  constitute  the 
"greatest  of  all  the  problems  of  modern  civilization.  "** 
"America  forms  no  exception  to  the  rule  that  population  in 
civilized  lands  gravitates  towards  great  centers.  Though  her 
immense  agricultural  development  might  have  been  expected  to 
arrest  this  movement  and  divert  population  to  the  rural  districts, 
such  has  not  been  the  case."*^ 


MUNICIPAL  ORGANIZATION  35 

City  life  was  practically  unknown  to  the  forefathers  of  this 
Republic.  In  the  year  when  Washington  was  inaugurated  the 
city  of  New  York  was  an  overgrown  village  of  33,000  popula- 
tion, about  as  large  as  the  city  of  Cedar  Rapids,  Iowa,  in  1910. 
Philadelphia  had  a  population  of  42,000;  Boston,  18,000;  and 
Baltimore,  13,000.«^  In  fact.  New  York,  Philadelphia,  Boston, 
Baltimore,  and  Charleston  were  the  only  cities  in  1790  having 
a  population  in  excess  of  8,000.®^ 

The  opening  of  the  nineteenth  century  marked  the  begin- 
ning of  a  new  era  in  the  growth  of  urban  population.  In  the 
first  few  decades,  ''there  opened  the  era  of  canals,  followed 
closely  by  the  era  of  railways,  which  not  only  built  up  great 
commercial  centers,  but  stimulated  the  industrial  cities  by  im- 
mensely extending  their  markets.  The  rate  of  increase  goes  up 
from  thirty-three  [percentage  rate  of  increase  of  the  urban  pop- 
ulation as  compared  with  the  general  rate],  the  country's  aver- 
age in  1810-20,  to  eighty-two,  two  and  one-half  times  the  coun- 
try's average  in  1820-30."^^  The  opening  of  the  Erie  Canal  in 
1821  was  responsible  for  the  rapid  expansion  of  the  commercial 
centers  in  New  York  State.  About  the  same  time  the  expansion 
of  manufacturers  in  the  New  England  States  caused  a  consider- 
able concentration  of  population  there.  The  work  begun  by  the 
canals  was  immediately  followed  in  the  decade  from  1830  to  1840 
by  the  activities  in  the  construction  of  railways,  and  the  cities 
grew  apace,  attaining  their  maximum  rate  in  the  decade  from 
1840  to  1850.8'' 

The  growth  of  cities  was  sure  to  be  attended  by  the  growth  of 
the  functions  and  activities  of  municipal  government.  The  cities 
were  now  required  to  perform  more  functions  and  to  render 
more  services  to  their  respective  communities  than  ever  before. 
In  1845  New  York  City  organized  the  first  disciplined  police 
force  in  the  country,  and  in  the  same  year  a  paid  fire  brigade 
was  established  in  the  same  city.  In  the  next  year  Boston  began 
the  construction  of  the  Cochituate  water  works;  Chicago  pro- 
vided a  municipal  water  supply  in.  1851 ;  and  Baltimore  followed 
in  1854.  In  New  York,  Philadelphia,  and  Baltimore  large  public 
park  systems  were  established.  The  rapid  expansion  of  mu- 
nicipal activities  was  manifested  in  almost  all  the  cities.^^ 


36  COMIVIISSION  AND  MANAGER  PLANS 

With  the  rapid  growth  of  the  cities  and  the  development  of 
municipal  functions  on  the  one  hand,  and  with  the  entrance  into 
municipal  government  of  political  parties  which  aimed  at  the 
control  of  the  entire  governmental  machinery  so  as  to  increase 
their  power  in  the  State  and  nation  on  the  other  hand,  import- 
ant changes  were  introduced  into  the  system  of  municipal  gov- 
ernment as  it  existed  in  1850.  The  result  was  the  advent  of  a 
new  period  in  the  development  of  American  municipal  organiza- 
tion which  was  mainly  characterized  by  the  growth  of  special 
legislation,  the  decline  of  the  power  of  the  council,  and  the  es- 
tablishment of  the  board  system. 

The  cities  in  this  country  were,  up  to  that  time,  mostly  cre- 
ated by  special  charters.^s  The  special  charter  is  in  its  nature  a 
special  grant  to  a  particular  local  area  for  the  purpose  of  con- 
ferring certain  powers  and  imposing  certain  duties.  The  de- 
mands of  each  community  are,  as  a  rule,  carefully  considered  by 
the  charter-granting  authority  and  the  scope  of  the  powers 
granted  is  usually  in  accordance  with  the  needs  of  the  particular 
locality  at  that  particular  time.  These  grants  of  powers  are 
usually  enumerated  in  great  detail  and,  though  suited  to  the 
needs  of  the  city  at  the  time  when  the  charter  was  granted,  could 
not  be  satisfactory  for  all  time.  The  industrial  and  economic 
conditions  of  the  city  are  such  that  the  enlargement  and  increase 
of  municipal  activities  and  functions  are  necessary  and  inevit- 
able. Thus,  even  in  colonial  times  cities  often  found  their  grant 
of  powers  to  be  insufficient,  especially  in  the  matter  of  finances, 
and  there  was  frequently  application  to  colonial  legislatures  for 
the  extension  of  charter  powers.^" 

The  rapid  growtli  of  the  urban  population  in  the  nineteenth 
century  and  the  corresponding  increase  in  municipal  activities 
were  invariably  forcing  the  city  to  apply  continually  to  the 
legislature  for  new  powers  to  perform  the  new  functions.  As  a 
consequence,  "the  special  statutes  providing  for  the  extension 
of  municipal  action  entered  into  greater  and  still  greater  detail 
of  means  and  method,  thus  depriving  the  municipal  councils  of 
their  main  functions  of  a  legislative  character,  and  making  the 
State  legislatures  the  real  policy-determining  power  for  the 
cities.  "3^      The    constitutional    provisions    protecting    the    city 


MUNICIPAL  ORGANIZATION  37 

against  the  interference  of  the  legislature  were  especially  few  in 
the  earlier  State  constitutions;  and  the  State  was  in  most  cases 
prone  to  take  advantage  of  the  unprotected  position  of  the 
municipalities,  and  to  interfere  in  matters  which  were  purely 
local  in  character  and  might  be  better  regulated  by  the  mu- 
nicipalities themselves.^* 

The  State  legislature,  beginning  about  the  middle  of  the  nine- 
teenth century,  not  only  made  the  charters  of  the  cities  and 
amended  them  from  time  to  time,  but  frequently  interfered  with 
minor  details  in  the  administration  of  the  cities  by  creating  new 
boards  wholly  or  partially  independent  of  the  councils.  Thus, 
the  so-called  board  system  was  inaugurated. 

Although  the  transfer  of  power  over  the  city  administration 
from  the  city  council  to  independent  boards  under  the  control, 
directly  or  indirectly,  of  the  State  authorities  was  to  a  consider- 
able degree  partisan,  the  council  itself  was  also  responsible  to  a 
certain  extent  for  such  a  change.  Before  the  close  of  the  middle 
of  the  nineteenth  century,  the  inefficiency  of  the  American  munici- 
pal council  became  very  marked.  The  council  had  discredited 
itself  before  the  people.  As  Matthews  said  in  1895,  ''A  distrust 
of  municipal  legislatures  and  of  the  incapacity  of  their  com- 
mittees to  conduct  the  executive  business  of  a  city  government 
has  been  the  chief  feature  of  municipal  development  in  this 
country  during  the  past  thirty  years.  "^^  Thus,  the  State  legis- 
lature, partly  for  partisan  purposes  and  partly  voicing  a 
popular  distrust  of  the  city  council,  finally  determined  to  take 
away  from  the  council  the  power  to  organize  the  executive 
departments  and  to  appoint  the  heads  of  these  departments  and 
other  municipal  officers.  The  legislature  itself  assumed  the 
power  to  determine  what  executive  departments  should  exist 
and  how  the  heads  of  these  departments  should  be  appointed. 
The  beginnings  of  such  a  tendency  are  to  be  found  in  the  New 
York  charter  of  1849. 

The  fundamental  feature  of  the  New  York  charter  of  1849, 
which  was  enacted  by  the  legislature  and  accepted  by  the  people 
on  a  referendum  vote,  was  the  establishment  of  independent  ad- 
ministrative departments  and  the  almost  complete  removal  of 
executive  power  from  the  council.     The  charter  expressly  for- 


38  COMMISSION  AND  MANAGER  PLANS 

bade  the  common  council,  or  any  committee  or  member  thereof, 
to  "perform  any  executive  business  whatever,"  and  such  busi- 
ness was  vested  in  the  newly  created  departments,  the  heads 
of  which  were  chosen  by  popular  vote  for  a  three  year  terrn.^* 
The  purpose  of  applying  the  theory  of  the  separation  of  powers 
to  municipal  government,  which  had  been  attempted  in  various 
previous  charters,  was  thus  completely  carried  out.  The  di- 
vorcing of  the  administrative  arm  of  city  government  from  the 
legislative  was  complete  in  this  New  York  charter  of  1849. 

But  the  New  York  charter  of  1849  in  creating  the  independ- 
ent administrative  departments  was  not  the  only  exponent  of 
such  an  idea.  Cleveland,  Chicago,  Detroit,  Philadelphia,  and 
many  other  cities  furnished  like  exi^mples  in  the  decade  which 
followed.  In  Cleveland  the  general  act  of  1852  provided  for 
the  popular  election  for  terms  of  two  years  of  the  mayor,  city 
marshal,  civil  engineer,  fire  engineer,  treasurer,  auditor,  solici- 
tor, police  judge,  and  superintendent  of  markets.  The  board 
of  waterworks  trustees  and  three  city  commissioners  were  elected 
for  three  years. ^^ 

The  Chicago  charter  of  1851  extended  the  list  of  elective 
officers  to  include  the  mayor,  city  marshal,  treasurer,  collector, 
surveyor,  attorney,  chief  and  two  assistant  engineers,  two  alder- 
men from  each  ward,  a  police  constable,  and  a  street  commis- 
sioner, and  other  officers  from  each  division.  The  tendency  to 
enlarge  the  executive  power  in  this  charter  was  another  instance 
indicating  the  movement  away  from  administration  by  the  coun- 
cil. The  mayor  was  now  made  responsible  for  the  proper  enforce- 
ment of  the  laws  of  the  State  and  the  ordinances  of  the  council. 
He  was  ' '  required  to  give  information,  from  time  to  time,  to  the 
council  and  recommend  such  measures  for  its  consideration  as 
the  demand  of  the  administration  might  require.  He  was  no 
longer  a  perfunctory  signing  officer,  but  the  important  weapon 
of  the  veto  made  him  a  factor  to  be  reckoned  with  in  municipal 
administration."  Furthermore,  under  this  charter  the  appoint- 
ment of  the  committees  was  transferred  from  the  council  to  the 
mayor.  With  this  change  the  mayor  became  at  once  a  controlling 
factor  in  shaping  the  policy  of  legislation.^^ 


MUNICIPAL  ORGANIZATION  39 

The  Detroit  charter  of  1857,  though  not  curtailing  to  a  great 
extent  the  powers  of  the  council,  did  provide  eight  charter 
officers  to  be  elected  by  the  city  at  large  and  several  more  by  each 
ward.^'' 

The  charter  of  Philadelphia  enacted  in  1854,''*  and  the  revised 
charter  of  Boston  obtained  in  the  same  year,^^  though  not  taking 
any  aggressive  step  in  curtailing  the  powers  of  the  council,  did 
grant  to  the  mayor  the  veto  power  over  the  acts  or  ordinances  of 
the  council. 

An  examination  of  the  charters  of  this  period  will  show  that 
the  general  tendency  of  municipal  development,  beginning  about 
the  middle  of  the  nineteenth  century,  was  away  from  the  council 
type  of  city  government,  and  that  almost  in  every  charter  pro- 
vision was  made  either  to  increase  the  powers  of  the  mayor  or 
to  create  independent  boards  to  take  charge  of  the  administra- 
tion of  the  city.  The  heads  of  these  newly  created  departments 
were  usually  elected  by  the  people  during  the  time  when  the 
dictates  of  democracy  were  everywhere  coming  to  prevail. 

But  the  system  of  popular  election  of  administrative  heads 
was  soon  found  to  be  unsatisfactory  because  efficient  heads  for 
the  various  administrative  branches  of  the  city  service  could  not 
be  secured  in  that  wa,y.  Thus,  a  change  in  the  method  of  select- 
ing the  departmental  heads  was  demanded.  But  wherever  such 
a  change  was  made,  the  old  method  of  appointment  by  the  coun- 
cil was  nowhere  restored.  The  power  to  select  these  officials  was 
taken  from  the  voters  and  given  to  the  mayor  in  the  most  im- 
portant cities,  with  the  restriction  that  his  appointment  should 
be  subject  to  the  confirmation  of  the  council.  New  York  made 
the  change  in  1857  when  the  general  charter  law  passed  in  that 
year  made  all  the  department  heads,  except  the  comptroller  and 
city  counsel,  appointive  by  the  mayor  with  the  confirmation  of 
the  aldermen.^*"  Chicago  and  Baltimore  followed  suit  within  a 
year  or  two.  These  changes  were  intended  to  strengthen  the  per- 
sonal relation  between  the  mayor  and  those  who  had  charge  of 
the  work  of  administration.  "The  idea  of  making  the  mayor 
responsible  for  the  appointment  of  a  municipal  cabinet  com- 
prising the  heads  of  the  various  departments  soon  gained  pop- 
ularity, partly  because  it  seemed  in  consonance  with  the  general 


40  COMMISSION  AND  MANAGER  PLANS 

plan  of  American  government  as  exemplified  in  the  larger  areas 
of  state  and  nation,  and  partly  because  the  people  of  the  cities 
were  beginning  to  look  upon  the  mayor  as  the  pivotal  figure  in 
local  administration.  Indeed,  the  decline  of  popular  confidence 
in  city  councils  and  the  increasing  confidence  in  the  chief  magis- 
trate form  the  outstanding  features  of  this  period. '  '^"^ 

But  the  transition  from  the  irresponsible  and  independent 
board  system  to  the  responsible  mayor  system  M-as  not  so  easy  of 
accomplishment  as  seemed  at  first  sight.  The  State  legislature 
would  not  willingly  relinquish  its  control.  No  sooner  had  the 
board  system  been  adopted  and  the  attack  on  the  custom  of 
choosing  all  the  chief  executive  officers  directly  by  the  people 
commenced,  than  the  State  legislature  perceived  an  opportunity 
of  tightening  the  reins  of  State  control  over  city  administration 
by  providing  for  the  vState  appointment  of  the  members  of  these 
boards.  Such  interventions,  marking  the  highest  degree  of 
legislative  control  over  municipalities,  occurred  in  several 
States  during  the  late  fifties. 

The  first  State  which  took  such  action  was  New  York.  In  1857 
the  Republicans  inaugurated  the  policy  of  placing  some  of  the 
most  important  local  departments  of  New  York  City  under  the 
control  of  legislative  commissions.  A  State  park  commission 
for  New  York  City  and  a  State  metropolitan  police  board  for 
New  York,  Brooklyn,  and  adjoining  counties  were  established. 
The  State  park  commission  consisted  of  seven  members,  named 
by  the  legislature  and  given  exclusive  power  over  the  adminis- 
tration of  the  parks.  They  were  given  power  to  ''require  the 
city  even  to  issue  bonds  in  such  amounts  as  they  saw  fit,  subject 
only  to  limitations  set  by  the  aet."^''^  "State  control  of  the 
police  departments  was  deemed  specially  desirable  because  of  the 
real  danger  fi-om  disloyal  disturbances,  as  well  as  of  the  im- 
portant influence  exerted  by  the  police  in  elections."^"*  In 
order  to  accomplish  such  a  purpose  within  constitutional  bounds, 
a  metropolitan  police  district,  comprising  the  counties  of  New 
York,  Kings,  Westchester,  and  Richmond,  was  created ;  and  the 
management  of  this  district  was  put  in  the  hands  of  a  board  con- 
sisting of  the  mayors  of  New  York  and  Brooklyn  and  five  com- 
missioners appointed  by  the  Governor.     By  a  subsequent  act 


MUNICIPAL  ORGANIZATION  41 

the  local  influence  on  the  board  was  entirely  removed  and  the 
commission  was  reduced  to  three  members  to  be  appointed  by 
the  Governor.  Then,  the  "metropolitan  fire  department"  and 
the  "metropolitan  board  of  health"  were  established  in  1865 
and  1866  respectively.'"'^ 

The  attitude  taken  by  the  New  York  legislature  towards  the 
city  of  New  York  was  not  the  exception  but  rather  the  rule. 
In  1860  the  legislature  of  Maryland,  under  the  excuse  of  the 
disorder  brought  about  by  the  political  excesses  of  the  Kiiow- 
Nothing  rule  in  Baltimore,  transferred  the  control  of  the  local 
police  from  the  city  to  a  State  board  of  police  commissioners.^"* 
By  the  police  act  of  1861  the  legislature  of  Illinois  re-organized 
the  police  force  of  Chicago  and  placed  it  under  a  board,  the  first 
members  of  which  were  appointed  by  the  Governor.'"^  In  1865 
the  board  of  metropolitan  police,  consisting  of  four  commis- 
sioners to  be  appointed  by  the  Governor  with  the  advice  and  con- 
sent of  the  Senate,  was  established  by  the  city  of  Detroit.'"^  In 
the  following  year  the  Cleveland  police  was,  in  like  manner, 
placed  under  a  State  commission  to  be  composed  of  the  mayor 
ex  officio  and  four  members  appointed  by  the  Governor."^  In 
Pennsylvania  the  act  of  1870  created  a  public  buildings  commis- 
sion to  have  charge  of  the  erection  of  municipal  buildings  for 
Philadelphia.'"^  Instances  of  this  kind  could  be  multiplied, 
but  the  illustrations  already  given  will  be  sufficient  in  this 
connection. 

In  all  the  cases  cited  above  the  boards  or  commissions  enjoyed 
almost  complete  control  over  their  departments.  They  not  only 
directed  their  administration,  but  determined  the  policy  with- 
out reference  to  the  wishes  of  the  city.  In  some  extreme  in- 
stances the  commissions,  like  the  Philadelphia  public  buildings 
commission  and  others,  could  even  call  upon  the  council  to  levy, 
an  annual  tax  sufficient  to  meet  their  annual  expenses. 

"This  system  of  government  of  municipalities  by  legislative 
commissions  was  enacted  on  the  score  of  mismanagement  and 
mal-administration  on  the  part  of  the  local  authorities;  and  in 
many  cases  such  charges  had  no  small  foundation  in  fact,  so  that 
the  situation  justified  some  form  of  state  control.  It  is  by  no 
means  clear,  however,  that  the  method  of  control  provided  did 


42  C0M3IISSI0N  AND  MANAGER  PLANS 

secure  an  impartial  and  effective  check  of  wrong-doing;  while 
it  is  certain  that  the  prevailing  motives  for  the  measures  taken 
were  too  often  partisan  in  character,  and  that  the  administration 
of  the  state  commissions  was  in  consequence  directed  as  much 
toward  securing  party  advantage  as  efficient  government.""" 
The  effect  of  the  board  system  on  the  municipal  administration 
was  thus  very  unfortunate,  carrying  irresponsibility  to  the 
extreme.  Conflicts  between  the  authorities  were  frequent  be- 
cause there  was  no  clear  demarcation  of  functions  between  the 
different  boards.  Responsibility  was  scattered  and  difficult  if 
not  impossible  of  location ;  and  even  if  located,  it  was  still  more 
difficult  to  correct  evils  which  might  arise,  for  the  members  of 
the  boards  were  not  elected,  but  appointed  by  the  leaders  of  the 
political  party  which  was  then  in  power  in  the  State  legislature. 
In  short,  the  introduction  of  this  system  meant  the  disorganiza- 
tion of  municipal  administration. 

Municipal  conditions  during  the  Civil  War  period  seem  to 
have  been  very  discouraging.  Indeed,  toward  the  close  of  the 
war,  conditions  in  the  important  cities  were  almost  incurably 
bad.  Antiquated  organization,  special  legislation,  and  constant 
interference  of  political  parties  all  worked  together  to  cause 
municipal  affairs  to  go  from  bad  to  worse.  This  was  the  period 
when  the  notorious  Tweed  Ring,  described  as  "a  troop  of 
plundering  banditti  who  used  their  civic  authority  to  turn  public 
funds  into  private  fortunes,""^  was  in  ascendancy  in  the  met- 
ropolitan city;  and  the  situation  in  other  cities  was  scarcely 
better.  To  be  sure,  changes  in  city  government  had  been  made 
at  times,  even  before  the  war  period,  but  they  had  been  the  work 
of  politicians  or  of  some  spasmodic  effort  for  reform  by  the 
people. 

The  problems  of  municipal  government  in  this  country  seem 
not  to  have  been  adequately  studied  before  1870;  nor  had  the 
significance  of  the  new  conditions  produced  by  the  large  aggre- 
gation of  urban  population  been  grasped  by  the  people  up  to 
that  time."^  Everywhere  such  problems  were  met  in  a  hap- 
hazard way.  No  State  or  national  policy  in  relation  to  cities 
had  yet  been  developed.  One  could  often  find  in  a  single  State 
as  many  forms  of  city  government  as  there  were  cities;  and 


/ 


MUNICIPAL  ORGANIZATION  43 

these  forms  were  simply  "a  sort  of  volunteer  crop  from  the 
state  and  national  systems",  which  were  accepted  simply  be- 
cause they  were  the  most  available  and  easily  understood. ^^* 

But  about  1870  the  people  of  the  United  States  seemed  to  have 
awakened  to  the  dangers  of  the  situation.  The  evils  of  special 
legislation  and  the  unsatisfactory  workings  of  the  board  system 
had  become  so  clear  that  organized  efforts  in  the  interest  of 
municipal  reform  appeared.  At  first  the  movement  against 
legislative  control  in  the  form  of  constitutional  prohibition  gained 
ground.  The  legislatures  had  so  abused  their  power  over 
municipalities  that  popular  sentiment  began  to  protest  against 
their  action  even  as  early  as  1851,  when  Ohio  and  Virginia 
established  constitutional  prohibitions  against  special  legislation. 
Iowa  and  Kansas  included  such  provisions  in  their  constitutions 
before  1860. ^^'^  But  after  the  war,  either  due  to  the  calmer  tone 
of  national  politics  after  the  heated  strife  over  slavery  and  the 
war  or  to  the  inevitable  revulsion  from  the  extreme  measures 
of  the  previous  decades,  the  movement  against  partisan  and 
special  legislation  for  cities  gained  much  headway. 

Thus,  immediately  following  the  war  a  number  of  States 
inserted  into  their  constitutions  prohibitions  against  special 
legislation  in  the  matter  of  munieipalities.^^^  This  disposition 
to  insert  checks  upon  legislative  interference  with  local  adminis- 
tration became  so  marked  from  this  period  on  that  whenever 
State  constitutions  were  revised,  some  such  provisions  were 
invariably  inserted.  As  Professor  Munro  says:  "During  the 
last  fifty  or  sixty  years  this  tendency  has  grown  even  stronger, 
until  it  has  nowadays  come  to  be  taken  for  granted  that,  when- 
ever a  state  adopts  a  new  constitution  or  revises  an  old  one,  it 
will  almost  certainly  use  the  opportunity  to  insert  various  re- 
strictive clauses  relating  to  legislative  freedom  in  matters  of 
local  government. '  '^^^ 

Side  by  side  with  the  movement  for  constitutional  limitation 
upon  special  legislation  concerning  municipalities,  there  was  a 
movement  on  foot,  beginning  in  the  decade  from  1870  to  1880, 
to  re-organize  the  machinery  of  city  government.  The  changes 
brought  about  by  the  new  charters  enacted  in  this  and  the 
following  decades  ushered  in  a.  new  period  in  the  development 


44  COMMISSION  AND  MANAGER  PLANS 

of  American  municipal  organization,  and  this  period  may  be 
characterized  as  the  period  of  the  "Mayor  System." 

The  trend  of  thought  during  the  last  quarter  of  the  nineteenth 
century  was  towards  the  concentration  of  power  and  the  cen- 
tralization of  responsibility.  The  great  evil  of  the  board  system 
of  the  previous  period  was  the  well-nigh  absolute  independence 
and  irresponsibility  of  the  executive  departments.  Under  this 
system  the  mayor  had  practically  no  control  over  the  adminis- 
tration, while  the  council  had  practically  no  power  as  regards 
appointments  and  appropriations.  The  absence  of  responsibility 
regarding  city  administration  was  especially  fatal  during  the 
period  of  the  rapid  growth  of  cities  which  followed  the  war. 
About  1880  the  people  of  the  United  States  seemed  to  have  been 
aroused  to  the  fact  that  "the  board  system  did  not  work  satis- 
factorily; that  it  diffused  responsibility  for  municipal  action; 
that  it  made  it  impossible  for  the  people,  at  any  given  municipal 
election,  to  exercise  any  appreciable  control  over  the  municipal 
government,  and  that  it  offered  a  continual  temptation  to  the 
legislature  to  interfere  in  the  affairs  of  the  city."^"  Conse- 
quently, changes  in  municipal  organization  were  made  in  the 
direction  of  decreasing  the  number  of  the  irresponsible  and  inde- 
pendent boards  of  the  previous  period  and  of  placing  in  the 
hands  of  the  mayor  a  large  part  of  the  authority  and  responsi- 
bility by  granting  to  him  the  power  to  select  the  administrative 
heads.  Thus,  the  board  system  w^as  superseded  by  the  mayor 
system. 

Brooklyn  w^as  the  first  city  of  any  importance  to  concentrate 
authority  and  responsibility  in  the  mayor.  In  1882  the  revised 
charter  of  Brooklyn  vested  in  the  mayor  the  right,  within  twenty 
days  after  assuming  office,  to  appoint  the  new  heads  of  the  de- 
partments."8  A  year  previous  to  that  time  the  New  York  Senate 
investigating  committee  recommended  that  the  mayor  of  the  city 
of  New  York  be  granted  the  sole  power  of  appointment  and 
removal,  without  action  of  the  council  or  Governor.  But  it  was 
only  in  1896  that  the  city  of  New  York  followed  the  example 
furnished  by  Brooklyn,  and  vested  in  the  mayor  the  power  to 
remove  summarily  any  department  head  within  six  months  after 
taking  office.^^^ 


MUNICIPAL  ORGANIZATION  45 

The  new  charter  of  Boston,  granted  in  1885,  vested  in  the 
mayor  the  power  to  appoint,  subject  to  confirmation  by  the 
board  of  aldermen,  all  officers  and  boards  previously  elected  by 
the  city  council  or  the  aldermen.  The  power  of  removing  any 
such  officer  was  also  given  "for  such  cause  as  he  [the  mayor] 
shall  deem  sufficient  and  shall  assign  in  his  order  of  removal". 
Furthermore,  the  charter  provided  that  "the  executive  power 
of  said  city,  and  all  the  executive  powers  now  vested  in  the  board 
of  aldermen  as  such,  as  surveyors  of  highways,  county  commis- 
sioners or  otherwise,  shall  be  and  hereby  are  vested  in  the  mayor 
to  be  exercised  through  the  several  officers  and  boards  of  the 
city  in  their  respective  departments  under  his  general  super- 
vision and  control.  "^^^ 

The  Cleveland  charter  of  1891  unified  completely  the  admin- 
istration of  the  city  under  the  mayor.  He  was  now  given  the 
power  to  appoint  the  heads  of  the  six  newly  established  depart- 
ments. He  was  also  given  the  absolute  power  to  remove  the 
department  heads  and  his  other  appointees.^^^ 

Illustrations  may  be  multiplied  to  indicate  the  changed  posi- 
tion of  the  mayor  in  a  number  of  cities — particularly  the  large 
cities — the  governments  of  which  have  often  been  characterized 
as  presenting  the  "Mayor  System"  or  the  "Federal  Plan". 
The  essential  features  of  this  system  may  be  briefly  summarized. 
In  the  first  place,  the  power  to  appoint  most  of  the  important 
municipal  officers  is  vested  in  the  mayor,  instead  of  in  the 
council  as  previously  was  the  case.  Secondly,  the  mayor  becomes 
an  executive  officer  in  fact  as  well  as  in  name  and  is  now  held 
responsible  for  the  conduct  of  the  subordinate  officers.  Thirdly, 
the  mayor  is  given  the  power  to  carry  out  his  policy  through  the 
right  to  remove  any  incompetent  officer.  Finally,  the  council 
is  deprived  of  all  executive  power  and  is  now  made  a  purely 
legislative  body. 

Thus,  in  the  history  of  American  municipal  organization  from 
the  petty  colonial  boroughs  in  the  seventeenth  and  eighteenth 
centuries  to  the  metropolitan  cities  at  the  end  of  the  nineteenth 
century  may  be  observed  the  general  tendency  to  evolve  from 
the  simple  and  unorganized  colonial  council  government,  through 
the  practically  supreme  council  government  during  the  early 


46  COMMISSION  AND  MANAGER  PLANS 

part  of  the  last  century  and  the  complicated  irresponsible  board 
system  of  the  sixties  and  seventies,  to  the  "one-man-rule"  of  the 
mayor  in  some  cities  at  the  end  of  the  nineteenth  century. 

Under  the  first  charters  of  most  of  the  cities  the  mayor  was 
no  more  than  the  presiding  officer  of  the  council,  in  which  was 
vested  practically  all  the  powers  the  municipality  could  exercise. 
The  idea  of  giving  any  single  individual  considerable  power 
received  no  favor  at  the  hands  of  men  whose  memory  was  still 
filled  with  the  tyrannical  acts  of  the  colonial  Goveruors,  and  at 
the  time  when  the  distrust  of  the  executive  was  the  prevailing 
sentiment.  The  powers  of  the  early  councils  were  not  very 
minutely  enumerated.  Liberal  privileges  were  frequently  granted 
and  exercised.  The  mayor  was  in  most  cases  subservient  to  the 
council,  which  performed  the  executive  business  through  ex- 
ecutive officers,  boards,  or  committees  of  its  own  creation.  The 
predominance  of  the  council  was  then  the  chief  characteristic 
of  the  first  period  which  ended  about  the  middle  of  the  nine- 
teenth century. 

Gradually,  through  the  inability  and  incompetency  of  the 
council  to  satisfactorily  provide  for  the  growing  activities  and 
functions  of  the  municipalities,  the  people  began  to  distrust 
the  bodies  to  which  they  had  formerly  granted  liberal  powers. 
Complaints  of  incompetency  and  even  of  corruption  of  the 
municipal  councils  gradually  increased  both  in  number  and 
vehemence,  and  relief  from  these  evils  was  eagerly  sought  from 
various  quarters.  At  first,  appeal  was  made  to  the  State  legis- 
latures for  protection  against  the  councils.  The  consequence  was 
legislative  interference  in  local  affairs  and  the  establishment  of 
the  independent  administrative  boards  which  characterized 
municipal  organization  in  this  country  during  the  period  of  the 
Civil  War  and  the  Reconstruction.  But  the  irresponsibility  and 
confusion  resulting  from  this  ill-devised  board  system  was  very 
disastrous — even  more  so  than  the  council  system.  Re-organiza- 
tion was  again  demanded  during  the  seventies  and  eighties ;  and 
this  time  the  strong  executive  of  the  national  government  was 
suggested  as  the  pattern  of  a  new  system  of  municipal  govern- 
ment. This  suggestion  was  followed  to  some  extent,  and  the 
mayor  system  or  federal  plan  was  accordingly  evolved  in  some 


MUNICIPAL  ORGANIZATION  47 

cities  before  the  close  of  the  century.  Centralization  of  power 
was  thus  obtained;  but  it  resulted  from  necessity,  not  from 
choice. 

The  movement  for  good  city  government  which  began  in  the 
last  quarter  of  the  nineteenth  century  had  produced  a  ferment 
in  a  thousand  active  minds  and  stirred  a  thousand  progressive 
men  and  women  to  courageous  action.  During  the  last  decade 
of  the  century  there  came  the  dawn  of  a  brighter  day  and  the 
indications  of  a  more  rapid  and  substantial  improvement  in 
municipal  government.  In  January,  1894,  the  first  national  con- 
ference for  good  city  government  was  held  in  Philadelphia, 
Pennsylvania.  In  May  of  the  same  year  the  National  Municipal 
League  was  organized  in  New  York  City.  Since  then  there 
have  been  annual  national  conferences  and  annual  meet- 
ings of  the  league  held  in  different  places.  The  mere  fact 
of  being  able  to  hold  a  number  of  large,  well-attended  and  rep- 
resentative meetings  from  time  to  time,  all  discussing  the  same 
subject,  is  of  itself  a  convincing  proof  of  the  deep  and  wide- 
spread interest  in  the  question  of  municipal  government.  But 
such  evidences  become  of  secondary  importance  when  there  is 
taken  into  consideration  the  great  and  unprecedented  progress 
of  the  organized  municipal  reform  efforts  and  the  constantly  in- 
creasing discussion  of  reform  movements  in  all  the  leading 
newspapers  of  the  country.^^^ 

The  efforts  of  the  reformers,  as  has  already  been  pointed  out, 
were  directed  along  two  clearly  defined  lines — re-organization 
and  home  rule.  Home  rule  for  cities  attempts  to  define  and  dis- 
tinguish clearly  State  and  local  functions  and  to  secure 
municipal  freedom  in  so  far  as  the  carrying  out  of  the  local 
functions  by  the  local  authority  is  concerned ;  while  the  move- 
ment for  re-organization  has  as  its  goal  the  improvement  of  the 
mechanism  of  the  government  so  that  economy  and  efficiency 
can  be  secured  in  various  phases  of  municipal  administration, 
and  authority  and  responsibility  can  be  clearly  located.  Both 
phases  of  the  reform  movement  had  already  gained  considerable 
favor  in  different  parts  of  the  country  before  the  close  of  the 
last  century. 


48  COMMISSION  AND  MANAGER  PLANS 

In  the  matter  of  home  rule  there  were  four  States^^«  which, 
prior  to  1900,  incorporated  into  their  respective  constitutions 
provisions  granting  to  certain  classes  of  cities  the  right  to  frame 
their  own  charters.  In  the  matter  of  re-organization  there  were 
incorporated  into  the  charters  of  some  cities  features  like  the 
merit  system  in  appointment,  the  abolition  of  the  two-chambered 
council,  and  the  abolition  of  the  aldermen's  check  upon  the 
mayor's  appointing  power.  All  these  changes  were  aimed  at 
the  simplification  of  the  machinery  of  government  and  the  defin- 
ite location  of  responsibility  and  authority.  Thus,  before  the 
close  of  the  nineteenth  century  considerable  improvement  had 
already  been  achieved  in  the  field  of  municipal  government,  both 
in  its  relation  to  the  State  legislature  and  in  its  internal  organi- 
zation; and  the  way  had  been  weU  paved  for  further  develop- 
ments. 

But  the  "real  renaissance  in  American  city  government"  did 
not  come  until  the  beginning  of  the  twentieth  century,  when 
Galveston  made  the  first  experiment  in  1901,  by  applying  to  its 
city  government  what  has  since  been  kno-^Ti  as  the  ' '  Commission 
Plan".  The  commission  plan  is  but  a  phase  of  the  general 
tendency  towards  the  centralization  of  powers  in  a  certain 
definite  person  or  persons.  The  advent  of  this  new  system 
marks  the  climax  of  the  well-defined  movement  against  the  cum- 
brousness  of  municipal  government — a  movement  which  was  first 
manifested  in  the  last  quarter  of  the  nineteenth  century  when 
attempts  were  made  in  various  cities  to  concentrate  power  and 
responsibility  in  the  mayor  and  to  simplify  the  organization  of 
municipal  government  in  one  way  or  another. 


Ill 

ORIGIN  OF  THE  COMMISSION  PLAN  OF 
CITY  GOVERNMENT 

EARLY  PRECEDENTS 

The  commission  plan  of  city  government,  though  popularly 
regarded  as  being  created  by  the  city  of  Galveston  to  meet  a 
special  emergency,  is  by  no  means  in  its  essential  principles  an 
innovation  of  this  century.  As  a  matter  of  fact  it  turns  out 
that  its  creators,  unconsciously  perhaps,^^^  followed  precedents 
that  had  long  been  established.  The  old  colonial  system  of 
borough  government,  the  New  England  town  government,  the 
government  of  the  national  capital  since  1878,  the  system  of 
county  government,  and  the  plan  of  appointing  commissioners 
to  manage  their  municipal  affairs  in  time  of  emergency  adopted 
by  various  cities  are  all  in  some  very  important  respect  similar 
to  the  plan  initiated  sixteen  years  ago  by  the  Texas  city  on  the 
gulf  and  since  then  copied  throughout  the  whole  United  States. 
Indeed,  the  commission  form  of  city  government  is  a  return,  as 
President  Goodnow  has  rightly  pointed  out,  to  "the  original 
plan  of  city  government  in  the  United  States  in  that  it  con- 
centrates all  powers  administrative  and  legislative  in  one 
authority.  "^2^ 

The  analogies  between  the  commission  plan  and  the  system  of 
New  England  town  government  are  especially  striking  in  cer- 
tain respects.  The  board  of  townsmen  or  selectmen  closely  re- 
semble the  board  of  commissioners  in  cities  operating  under  the 
commission  plan.  Like  the  commissioners,  the  selectmen  con- 
stituted "a  committee,  from  three  to  thirteen  in  number,  an- 
nually chosen  by  the  inhabitants  to  order  their  prudential 
affairs."  The  selectmen  were  a  "responsible  board,  acting 
under  the  'instructions'  of  the  town-meeting,  and  accoimtable 
to  that  body  for  their  acts,  "^^^  just  as  the  commissioners  are 
responsible  to  the  electorate  for  the  administration  of  the  city 
government.     Under  the  system  of  town  government  there  v.-as 

f49) 


50  COMMISSION  AND  MANAGER  PLANS 

no  differentiation  of  legislative  functions  from  those  of  adminis- 
trative, since  "as  the  town  representative  a  vast  number  of 
functions  devolved  upon  the  selectmen.     Nearly  every  kind  of 

business  that  could  be  transacted  by  the  town-meeting  itself 

was  constantly  performed  by  them. '  '^*' 

The  government  of  the  city  of  Washington,  D.  C,  has  been 
permanently  vested  in  a  board  of  three  commissioners  since  1878. 
Two  of  them  are  appointed  from  civil  life  by  the  President,  act- 
ing by  and  with  the  advice  and  consent  of  the  Senate,  and  the 
third  commissioner  is  similarly  chosen  from  the  corps  of  en- 
gineers of  the  United  States  army.  This  board  of  commissioners 
is  "at  the  head  of  the  administrative  organization  of  the  Dis- 
trict of  Columbia  and  exercises  general  supervision  over  all 
departments  of  the  District  government",  and  at  the  same 
time  has  been  vested  by  Congress  with  the  exercise  of  extensive 
powers  of  legislation  with  reference  to  matters  of  local  in- 
terest.^** 

In  the  same  way  the  county  governments  in  the  country  have 
for  a  long  time  been  vested  in  boards  of  commissioners  or  of 
supervisors,  which  exercise  legislative  as  well  as  administrative 
powers  and  in  some  cases  judicial  powers.^*' 

Nor  are  there  lacking  instances  of  scattered  experiments  of 
the  commission  form  as  applied  to  city  government  before  1901, 
when  Galveston  began  to  put  this  form  into  a  definite  shape.  In 
1863  Sacramento  received  a  charter  which  placed  the  govern- 
ment in  the  hands  of  a  governing  board  called  the  "Board  of 
Trustees",  composed  of  three  elected  members  entitled  the  first, 
second,  and  third  tnistee,  respectively.  Each  trustee  was  placed 
in  charge  of  a  particular  department,  just  as  is  the  case  with 
the  commissioners  of  the  present  time.  The  first  trustee  was 
president  of  the  board  of  trustees  and  the  general  executive 
officer  of  the  city.  The  second  trustee  was  made  commissioner  of 
streets;  and  the  third  trustee  was  superintendent  of  water- 
works. This  plan  worked  very  satisfactorily,  but  was  not  fav- 
ored by  the  politicians  who  tried  to  modify  the  system  by  creat- 
ing from  time  to  time,  through  the  legislature,  new  boards  and 
officers  to  take  charge  of  various  phases  of  the  administration. 
As  a  consequence,  the  board  of  trustees  was  practically  deprived 


( 


ORIGIN  OF  COMMISSION  PLAN  51 

of  all  administrative  power  and  became  a  legislative  body. 
Finally,  the  common  council  system  with  the  mayor  and  council- 
men  was  restored  to  its  former  position  in  1893."" 

In  1870  New  Orleans  had  received  a  charter  of  practically  the 
same  nature  as  that  of  Galveston  in.  1901.  Indeed,  one  writer 
has  even  gone  so  far  as  to  say  that  the  Galveston  charter  was  a 
duplication  of  the  cliarter  adopted  by  the  city  of  New  Orleans."* 
The  act  passed  in  1870  by  the  legislature  of  Louisiana  for  the 
city  of  New  Orleans  adopted  what  was  generally  known  as  the 
"Administrative  System",  which  differs  from  the  commission 
form  only  in  name.  By  its  provisions  the  government  of  the 
municipality  was  vested  in  a  mayor  and  seven  administrators. 
They  possessed,  in  tlie  first  place,  administrative  and  executive 
functions;  and  each  of  them,  with  the  exception  of  the  mayor, 
was  charged  with  the  administration  of  a  particular  branch, 
just  as  are  the  commissioners  in  tlie  present  commission  gov- 
erned cities.  Secondly,  the  mayor  and  the  administrators  in  a 
collective  capacity  formed  the  council  which  should  exercise 
legislative  power  for  local  purposes.  "A  small  and  compact 
body,  its  meetings  were  as  business-like  as  those  of  a  bank  di- 
rectory. '  '^^^ 

But  the  administrative  system  was  short-lived,  because  it  was 
claimed  by  the  opponents  of  the  system  that  the  council  under 
the  charter  was  too  small  and  could  be  too  easily  controlled  in 
the  interests  of  private  or  corporate  gain.  The  pressure  for  the 
abolition,  of  this  system  was  not  easy  to  be  resisted;  and  the 
legislature  yielded  in  June,  1882,  by  enacting  a  new  charter  for 
New  Orleans,  which  restored  the  orthodox  type  of  government 
by  a  mayor  and  council."^ 

Mobile  was  the  next  city  which  resorted  to  the  system  of  gov- 
ernment by  commission.  Following  the  panic  of  1873  Mobile 
was  practically  on  the  point  of  bankruptcy :  the  condition  of  the 
city  government  was  deplorable.  By  an  act  of  February  11, 
1879,  the  State  legislature  annulled  the  charter  of  Mobile  and 
put  an  end  to  the  corporate  life  of  the  city.  Three  commission- 
ers were  appointed  to  take  charge  of  the  assets  of  the  city  and 
to  liquidate  its  debts.  They  were  ' '  authorized  to  discharge  their 
duties  under  the  direction  of  the  Court  of  Chancery:  to  adjust, 


-Vfe^^l 


52  COMMISSION  AND  MANAGER  PLANS 

compound,  and  compromise  all  debts  and  demands,  including 
taxes  past  due ;  to  report  the  results  of  their  work  to  the  govern- 
nor,  and  to  draft  a  legislative  bill  to  effect  the  settlement  they 
deemed  advisable."  By  a  second  act  there  was  incorporated 
the  ' '  Port  of  Mobile ' ',  the  government  of  which  was  vested  in  a 
body  styled  the  "Mobile  Police  Board",  consisting  of  eight 
commissioners,  all  chosen  by  wards.  The  functions  of  this  board 
were  to  preserve  the  peace,  protect  the  health  of  the  people, 
take  care  of  the  streets,  and  provide  against  fire.  In  exercising 
these  functions  the  commissioners  were  empowered  to  pass 
laws  and  ordinances  and  to  levy  taxes.  Thus,  there  was  a  system 
of  government  by  two  commissions,  one  appointive  and  the 
other  elective.  This  system  continued  until  1887  when  the  usual 
American  type  of  city  government  was  restored. ^^^ 

Another  early  instance  of  city  government  by  commission  is 
found  in  the  city  of  Memphis,  Tennessee,  during  the  period  be- 
tween 1879  and  1891.  Memphis,  following  the  severe  epidemic 
of  yellow  fever  in  1878,  was  in  a  condition  no  better  than  that 
of  Galveston  following  the  storm  of  1900.  The  city  had  incurred 
debts  to  the  extent  of  its  authority  to  borrow  money,  and  its 
financial  condition  was  deplorable.  In  order  to  improve  such 
conditions  the  legislature  of  Tennessee  in  1879  abolished  the 
municipal  corporation  of  Memphis  as  such,  and  created  in  its 
stead  the  "taxing  district  of  Shelby  County",  whose  affairs  were 
conducted  by  the  board  of  public  works  of  five  members  and  a 
governing  council  of  three.  Under  this  form  of  government, 
the  conditions  of  the  city,  sanitary  and  otherwise,  were  greatly 
improved.  After  normal  conditions  and  prosperity  returned, 
this  new  system  was  abolished  and  the  old  plan  restored  in 
1891.-'-^5 

In  all  of  these  early  instances  of  experiments  with  the  com- 
mission form  of  city  government  during  the  latter  part  of  the 
nineteenth  century  the  system  was  regarded  merely  as  a  tem- 
porary expedient,  and  as  soon  as  the  emergency  calling  it  forth 
had  been  passed  the  old  system  was  immediately  restored. 
Thus,  no  noticeable  effect  was  produced  by  these  scattered  in- 
stances on  the  trend  of  American  municipal  government.  The 
task  of  definitely  and  permanently  incorporating  and  crystalliz- 


ORIGIN  OF  COMMISSION  PLAN  53 

ing  the  commission  form  into  a  popular  system  of  American 
municipal  government  was  left  to  the  city  of  Galveston. 

Like  the  early  instances  of  experiments  with  the  commission 
government,  the  new  plan  adopted  by  Galveston  was  also  called 
forth  by  an  emergency  and  was  also  regarded  merely  as  a  tem- 
porary measure  at  the  time  of  its  installation.  But  unlike  the 
early  experiments,  which  were  usually  unnoticed  by  people 
outside  of  their  own  cities,  the  system  inaugurated  by  Galveston 
attracted  a  great  deal  of  attention  in  all  parts  of  the  country 
and  ushered  in  a  new  era  in  the  history  of  American  municipal 
government. 

Galveston  drafted  its  new  charter  and  put  the  new  system  into 
operation  just  at  the  time  when  civic  interest  was  at  its  highest 
point.  Popular  dissatisfaction  with  the  complicated  and  irre- 
sponsible system  of  city  government  was  being  manifested 
everywhere,  and  the  tendency  to  concentrate  power  and  re- 
sponsibility in  the  office  of  mayor  was  clearly  seen  in  the  large 
cities  during  the  last  quarter  of  the  nineteenth  century.  The 
distrust  of  the  council  was  further  reflected  in  various  attempts 
to  deprive  that  body  of  powers  that  it  still  possessed,  especially 
on  the  financial  side,  and  to  vest  the  same  in  administrative 
officers."* 

Experiments  of  various  kinds  of  administration  had  been  tried 
in  some  cities  and  for  some  time ;  but  on  the  whole  the  people 
had  not  yet  developed  a  definite  policy.  They  clearly  under- 
stood tliat  simplification  was  the  task  that  awaited  them  without 
knowing  the  way  to  secure  that  simplification.  They  had  up 
to  the  beginning  of  the  twentieth  century  tried  to  simplify 
the  machinery  of  the  city  government  by  abolishing  the 
independent  administrative  boards  and  by  concentrating  the 
powers  in  the  hands  of  the  mayor;  but  up  to  that  time 
no  one  had  ever  dared  to  bring  forth  a  proposal  to 
abolish  the  cherished  idea  of  the  separation  of  powers  in 
city  government.  Consequently  no  attempt  had  ever  been 
made  to  urge  a  complete  re-organization  of  the  whole 
municipal  structure  on  the  basis  of  simplification.  The  tradi- 
tional separation  of  legislative  and  administrative  powers  was 
too  deep-rooted  in  the  minds  of  people  in  this  country,  and  any 


54  COMMISSION  AND  MANAGER  PLANS 

proposal  to  abolish  it  had  been  deemed  an  "unsafe  exposure  to 
too  great  temptation,  to  permit  the  same  body  of  men  who  are 
to  disburse  the  public  funds  also  to  have  a  free  hand  in  deter- 
mining how  large  that  sum  shall  be."^^^  Indeed,  even  in  Gal- 
veston the  new  system,  when  it  was  first  installed,  was  regarded 
merely  as  a  temporary  measure  to  tide  over  the  crisis.  Even 
the  lawyers  who  drcM^  up  the  Galveston  charter  could  scarcely 
have  been  aware  of  the  fact  that  they  had  devised  a  system  of 
government  which  would  within  a  short  time  revolutionize  the 
whole  municipal  structure  of  hundreds  of  American  cities. 

Gradually  the  people  outside  of  Galveston  realized  the  fact 
that  in  Galveston  was  to  be  found  the  system  of  city  government 
for  which  they  had  long  been  looking.  But  no  city  dared  to  put 
it  on  trial  under  normal  conditions ;  nor  had  it  been  tried  suc- 
cessfully in  other  places.  At  first,  this  system  was  watched  very 
carefully  by  people  outside  of  Galveston.  Up  to  1906,  five  years 
after  its  adoption  by  Galveston,  only  one  other  city,  Houston,  had 
taken  up  the  plan.  But  when  once  the  superiority  of  the  system 
had  been  proved,  or  was  supposed  to  have  been  proved  in  actual 
operation,  it  spread  very  rapidly.  With  the  inauguration  of  the 
so-called  "Des  Moines  Plan",  the  commission  form  of  govern- 
ment began  to  play  an  important  role  in  the  evolution  of  city 
government  in  this  country.  The  widespread  use  of  this  system 
following  the  passage  of  the  Iowa  law  has  become  "the  most 
conspicuous  single  development  of  recent  years  in  the  realm 
of  American  municipal  affairs"."^  The  cities  now  adopted  the 
commission  system,  not  for  the  purpose  of  meeting  an  emer- 
\.  j  gency,  but  to  establish  an  entirely  different  principle  of  mu- 
nicipal organization. 

For  these  reasons  the  honor  of  inaugurating  the  commission 
form  of  city  government  has  been  rightly  attributed  to  the  city 
of  Galveston,  despite  the  fact  that  this  system  is  by  no  means 
a  new  one  and  that  the  early  precedents  may  have  played  a 
considerable  part  in  shaping  the  Galveston  charter  drafted  in 
1901.  The  conditions  in  Galveston  leading  up  to  the  adoption 
of  this  system  and  the  fundamental  features  thereof  may  now  be 
examined. 


ORIGIN  OF  COMMISSION  PLAN  55 

THE   GALVESTON  PLAN 

Before  1901  Galveston,  which  was  governed  by  a  mayor  and 
twelve  aldermen  elected  by  the  people,  had  been  characterized 
as  "one  of  the  worst-governed  urban  communities  in  the  whole 
country",  and  its  municipal  history  has  been  said  to  "afford 
illustrations  of  almost  every  vice  in  local  government."^*"  The 
finances  of  the  city  had  been  badly  managed  and  the  city 
authorities  "had  fallen  into  the  disastrous  practice  of  bonding 
the  city  to  provide  for  annual  deficits.  In  less  than  twenty 
years  nearly  three  millions  of  debt  had  been  accumulated  in  this 
way  alone.  "^^'^  The  administration  other  than  financial  was 
equally  bad,  if  not  worse.  "City  departments  were  managed 
wastefully ;  spoilsmen  were  put  into  places  of  honor  and  profit 
in  the  city's  service. "^-^^ 

Such  was  the  character  of  the  city  government  when  on  Sep- 
tember 8,  1900,  a  fierce  storm  forced  a  tidal  wave  from  the  gulf 
over  the  city,  destroying  a  large  portion  of  it  and  killing  be- 
tween five  and  six  thousand  people.  The  whole  organization  of 
the  city  was  demoralized  and  chaos  reigned  everywhere.  But 
the  existing  city  government,  incompetent  and  even  dishonest, 
was  utterly  helpless  in  a  great  catastrophe  like  this.  "Not 
only  did  this  city  government  demonstrate  its  total  incom- 
petency to  handle  the  city  in  its  ruined  condition,  but  it  really 
seemed  as  if  disaster  had  added  to  the  usual  incompetency, 
corruption,  grafting,  wastefulness  of  the  city's  resources,  sine- 
curism  and  conditions  of  general  scandal. '  '^^^ 

It  was  under  such  conditions  that  the  Deepwater  Committee, 
an  organization  of  business  men  previously  formed  for  the  im- 
provement of  the  harbor,  took  up  the  matter  and  determined  to 
put  an  end  to  the  scandalous  state  of  affairs  and  to  restore  the 
city's  financial  stability,  as  w^ell  as  peace  and  order.  A  sub- 
committee consisting  of  three  members — Messrs.  R.  "Waverly 
Smith,  Walter  Gresham,  and  F.  D.  Minor — ^was  appointed  to 
draw  up  a  new  charter  for  the  stricken  city.^**  For  two  months 
these  three  members  met  every  evening  and  discussed  the  prob- 
able features  of  a  new  form  of  city  government.  They  were 
aware  of  the  fact  that  "it  would  be  impossible  to  redeem  Gal- 
veston  under   the  old   form   of   government   and   that   it   was 


56  COIOIISSION  AND  MANAGER  PLANS 

indispensable  to  get  a  much  simpler  form,  and  one  that  would 
offer  to  the  votes  of  the  people  only  a  small  number  of  elective 
officers.  "^^^  Finally,  a  new  charter  was  drawn,  and  after  ob- 
taining the  cooperation  of  a  large  number  of  people  both  in  and 
out  of  the  State  legislature,  the  finished  work  was  introduced  in 
the  form  of  a  bill.  At  the  same  time  an  address  to  the  people 
was  issued  justifying  the  radical  change  in  the  government 
which  the  committee  proposed  to  introduce.  Part  of  the  address 
may  be  quoted  here  to  show  the  exact  attitude  of  the  committee 
towards  the  whole  situation. 

We  believe  that  municipal  government,  as  it  has  been  administered 
in  this  community  for  the  past  twenty  years,  is  a  failure.  It  did  not 
require  the  storm  to  bring  a  realization  of  this  fact,  but  it  brought  it  home 
with  greater  force  u-pon  us.  We  are  seeking  relief  from  the  municipal 
destruction  and  despair  staring  us  in  the  face.  It  is  a  question  with  us  of 
civic  life  or  death.  This  committee  has  labored  diligently  and  earnestly 
to  prepare  and  present  to  the  people  of  this  city,  and  to  the  legislature, 
remedial  legislation  adequate  for  the  grave  emergency  confronting  us. 
Months  have  been  given  to  its  preparation.  It  is  hoped  that  the  central 
idea  of  this  new  charter — that  of  a  commission — embodies  the  practical 
snlutjnn  of  t.hg|_^Tthertn  unsolved  problem:  how  to  govern,  cheaply  and 
well,  a  municipal  corporation'.  We  are  asEii'g  for  a  charter,  placing  the 
entire  control  of  the  local  government  in  the  hands  of  five  commissioners, 
designed  to  benefit  the  people  rather  than  to  provide  sinecures  for 
politicians."" 

Favorable  action  from  the  legislature  was  secured  and  the 
bill  entitled  ' '  An  Act  to  incorporate  the  city  of  Galveston  and 
to  grant  it  a  new  charter  and  repeal  all  pre-existing  charters", 
was  duly  passed.  On  April  19,  1901,  the  Governor's  signature 
was  secured  and  the  proposed  bill  became  a  law.^-*^ 

The  act  of  1901,  as  its  title  indicates,  abolished  the  old  mu- 
nicipal framework,  root  and  branch,  and  established  an  entirely 
new  system.  Originally  the  framers  of  the  new  charter  favored 
turning  over  the  entire  administration  of  the  city  to  a  com- 
mission appointed  by  the  Governor,  on  the  theory  that  skilled 
and  responsible  administrators  could  only  be  chosen  by  some 
intelligent  authority  and  not  by  the  blind  chances  of  a  popular 
election.  But  the  suggestion  of  disfranchisement  was  not  fav- 
ored by  the  majority  of  the  legislators  and  citizens,  even  under 
such  serious  conditions  as  those  confronting  Galveston  in  1900- 


ORIGIN  OF  COMMISSION  PLAN  57 

1901.  Some  members  of  the  legislature  openly  declared  that 
they  would  under  no  circumstances  support  the  bill  which  pro- 
posed to  deprive  the  people  of  their  rights,  as  a  matter  of  public 
policy.^^''  The  result  was  the  compromise  embodied  in  the  act, 
which  placed  the  government  of  the  city  in  the  hands  of  five 
commissioners,  three  of  whom  were  to  be  appointed  by  the  Gov- 
ernor, while  the  other  two  were  to  be  elected  by  the  people.  In 
so  doing  the  framers  still  hoped  that  politics  might  be  eliminated 
from  the  city  government,  as  it  was  believed  that  the  Governor 
would  choose  none  but  honest  and  efficient  persons  to  be  commis- 
sioners, and  that  the  majority  could  be  relied  upon  regardless  of 
the  other  two,  should  the  elected  commissioners  fall  into  the 
hands  of  corrupt  politicians.^^* 

On  September  18,  1901,  the  new  government  was  duly  in- 
stalled. "On  taking  charge,  the  commission  government  found 
an  empty  treasury,  city  without  credit,  employees  paid  in  script 
which  was  subject  to  a  large  discount  for  cash,  and  floating 
indebtedness  running  back  for  several  years.  The  personnel  of 
the  commission,  together  with  the  heads  of  the  departments,  in- 
spired confidence,  and  the  city  was  soon  put  on  a  cash  basis,  her 
credit  restored  so  that  it  could  go  into  the  open  market,  buy 
supplies  on  the  same  terms  and  prices  as  our  best  merchants  or 
wealthiest  citizens,  and  the  outstanding  script  was  being  taken  up 
with  our  surplus  cash  as  it  accumulated  in  our  treasury.  "^^^ 
These  are  the  words  which  appeared  in  a  letter  prepared  by  the 
first  mayor-president  and  indicate  the  immediate  results  of  the 
nev.'  system.  Whether  the  words  of  the  man  who  was  at  the  head 
of  the  new  system  were  conclusive  or  not,  the  fact  remains  that 
the  results  of  tbe  commission  form  of  government  met  the  ex- 
pectation of  its  friends. 

For  a  time  the  new  system  worked  without  friction,  until  a 
drayman  by  the  name  of  Charles  Lewis  was  convicted  and  fined 
twenty-five  dollars  in  the  recorder's  court  for  violating  a  sani- 
tary ordinance  which  prohibited  the  removal  of  the  contents  of 
any  privy  or  water  closet,  except  between  certain  hours,  with 
permission  of  the  health  physician  and  in  accordance  with  cer- 
tain prescribed  rules.  The  case  was  appealed  to  the  criminal 
district  court  on  the  ground  that  the  ordinance  in  question  was 


58  COMMISSION  AND  MANAGER  PLANS 

null  and  void  because  the  Governor  had  no  authority  under  the 
Constitution  of  the  State  to  appoint  the  commissioners.  The 
charter  provision  authorizing  him  to  make  these  appointments, 
it  was  claimed,  was  null  and  void,  and  the  ordinance  in  question 
with  all  its  proceedings  was,  therefore,  without  authority  of 
law.  The  verdict  of  the  recorder  was  affirmed  by  the  criminal 
district  court;  but  the  case  was  again  appealed  to  the  supreme 
criminal  court  of  the  State,  which  handed  down  its  decision  on 
March  25,  1903,  holding  a  vote  of  two  to  one  that  the  special 
charter  granted  to  Galveston  violated  the  principle  of  self-gov- 
ernment embodied  in  the  Constitution  and  hence  an  ordinance 
passed  by  the  board  of  commissioners  was  void.^^" 

But  when  the  constitutionality  of  the  new  charter  was  taken 
into  the  supreme  civil  court  for  consideration  a  decision  was 
handed  down  on  June  26,  1903,  three  months  after  the  decision 
of  the  supreme  criminal  court,  to  the  effect  that  "the  charter  of 
the  city  of  Galveston  in  conferring  upon  a  president  and  board 
of  commissioners,  a  majority  appointed  by  the  governor,  the 
power  of  governing  the  city  usually  committed  to  a  mayor  and 
city  council,  was  not  void  as  violating  article  6,  section  3  of 
the  constitution  giving  all  qualified  electors  the  right  to  vote 
for  a  mayor  and  all  other  elective  officers;  nor  was  it  beyond 
the  poAver  of  the  legislature  to  enact  such  an  act  as  being  in 
derogation  of  an  inherent  right  of  local  self-government  by 
municipalities,  arising,  by  implication,  from  history  and  tra- 
dition in  this  state. '  '^^^ 

Thus,  the  commission  charter  was  held  to  be  constitutional 
in  civil  matters,  but  it  did  not  confer  police  jurisdiction. 
Accordingly,  an  appeal  was  made  to  the  legislature  for  an 
amendment  to  the  charter  eliminating  the  appointive  feature. 
On  March  30,  1903,  an  amendment  was  duly  passed,  making  all 
the  commissioners  elective.  An  election  for  five  commissioners 
under  the  new  charter  was  immediately  ordered  and  the  result 
was  the  reelection  of  all  the  commissioners,  including  the  three 
appointed  by  the  Governor.^^^ 

The  charter  has  been  slightly  modified  by  subsequent  legisla- 
tures and  by  the  recently  adopted  constitutional  home  rule 
amendment,"^  but  the  mam  features  stiU  remain.    As  at  present 


ORIGIN  OF  COMMISSION  PLAN  59 

organized  the  government  of  the  city  of  Galveston  consists  of  a 
mayor  and  four  commissioners,  aU  elected  by  the  qualified 
voters  of  the  city  for  a  term  of  two  years.  No  direct  primary, 
nomination  by  petition,  or  non-partisan  election,  is  found  in 
Galveston's  charter,  which  simply  provided  that  "the  manner 
of  holding  the  same  [election]  shall  be  governed  by  the  laws 
of  the  State  of  Texas  governing  general  elections,"  The  mayor 
and  the  commissioners  when  elected,  constitute  the  board  of  com- 
missioners, which  is  the  municipal  government  of  the  city.^^* 
This  board  of  commissioners  is  vested  with  the  following 
powers,  to  be  exercised  by  a  majority  vote  of  all  members : 

1.  To  "exercise  all  the  rights,  powers  and  duties  of.  the 
Mayor  and  Board  of  Aldermen  of  cities  as  may  be  conferred 
by  the  Constitution  and  laws  of  this  State.  "^^^ 

2.  To  "appoint  all  officers  and  subordinates  in  all  depart- 
ments of  the  said  city. '  '^^* 

3.  To  "make  and  enforce  such  rules  and  regulations  as  they 
may  see  fit  and  proper  for  and  concerning  the  organization, 
management  and  operation  of  all  the  departments  of  said  city 
and  whatever  agencies  may  be  created  for  the  administration  of 
its  affairs."-'" 

4.  To  make  "all  laws  or  ordinances  not  inconsistent  with 
the  Constitution  and  laws  of  this  State,  touching  every  object, 
matter  and  subject  within  the  local  government  instituted  by 
this  Aet."^^^  Thus  in  this  board  of  commissioners  are  vested 
all  the  powers  which  the  city  has  the  authoritj^  to  exercise.  In- 
deed, the  charter  expressly  provides  that  "said  Board  of  Com- 
missioners shall  constitute  the  municipal  government  of  Gal- 
veston. ' '"» 

The  mayor  is  the  president  of  the  board  and  his  official  title 
is  ' '  Mayor-President  of  the  Board  of  Commissioners  for  the  city 
of  Galveston  ".^^^  He  presides  at  all  the  meetings  of  the  board 
and  has  the  "right  to  vote  as  a  member  thereof  on  all  questions 
which  may  rise".^^'^  But  he  has  no  veto  power.  He  is  the  chief 
executive  officer  of  the  city,  and  as  such,  his  chief  function  is  to 
see  that  all  the  laws  thereof  are  duly  enforced. ^^^  The  charter 
requires  him  to  devote  at  least  six  hours  a  day  to  the  duties  of 
his  office  and  to  the  affairs  of  the  city.^^^    He  receives  as  com- 


60 


COMMISSION  AND  MANAGER  PLANS 


pensation  for  his  service  a  salary  of  $2000  per  annum,  while  the 
salary  for  each  of  the  commissioners  is  $1200  per  annum. 

The  administration  of  the  city  is  divided  into  four  depart- 
ments: (1)  police  and  fire;  (2)  streets  and  public  property; 
(3)  waterworks  and  sewerage;  and  (4)  finance  and  revenue. 
The  electors  of  Galveston  do  not  choose  candidates  for  the  board 
of  commissioners  with  reference  to  the  particular  department 
each  of  them  is  to  direct,  and  theoretically  at  least  the  positions 
to  be  filled  by  the  candidates  for  commissionerships  are  not 
known  until  after  election  when  the  board  by  a  majority  vote  de- 
termines the  department  of  which  each  member  shall  have 
charge.  When  assigned,  the  four  commissioners  are  respectively 
known  as  the  "Police  and  Fire  Commissioner",  the  "Commis- 
sioner of  Streets  and  Public  Property",  the  "Waterworks  and 
Sewerage  Commissioner",  and  the  "Commissioner  of  Finance 
and  Revenue ".^^^  The  "Mayor-President"  is  not  assigned  to 
any  particular  department  of  administration,  but  he  is  supposed 
to  exercise  a  general  supervisory  power  over  all  of  them. 

The  commissioners  are  not  required  to  devote  their  entire  time 
to  the  service  of  the  city,  nor  is  there  any  definite  amount  of 
time  prescribed  as  in  the  case  of  the  mayor.  As  a  rule  only 
about  two  hours  are  devoted  daily  to  the  service  of  the  city  by 
each  of  the  commissioners.  Their  duty  is  to  superv^ise  and  to 
direct,  but  not  to  take  over  the  actual  management  of  the 
routine  work  of  their  respective  departments.  The  actual 
routine  work  is  performed  by  the  superintendents,  who  are 
expert  managers  appointed  by  and  responsible  to  the  commis- 
sioners. By  this  plan  the  framers  of  the  charter  expected  to 
secure  for  the  city  the  services  of  the  successful  business  men, 
who  could  devote  a  part  of  their  time  to  the  city  without  giving 
up  their  business  pursuits.^^* 

The  board  of  commissioners  also  appoints  the  following  officers 
enumerated  in  the  charter:  "a  secretary,  a  treasurer,  an  attor- 
ney, a  recorder  or  judge  of  the  Corporation  Court,  an  assessor 
and  collector  of  taxes,  a  chief  of  police,  a  chief  of  the  fire  depart- 
ment, an  engineer  who  shall  also  be  superintendent  of  streets, 
an  auditor,  a  secretary  of  waterworks  and  sewerage  departments, 
a  harbor  master,  a  sexton,  a  superintendent  of  waterworks  and 


ORIGIN  OF  COMMISSION  PLAN  61 

sewerage,  an  engineer  of  the  waterworks,  an  assistant  engineer 
of  the  waterworks;  and,  if  deemed  necessary  by  the  Board,  an 
inspector  of  waterworks  and  sewerage  plumbing,  an  assistant 
chief  of  police,  and  assistant  chief  of  the  fire  department  and 
an  assistant  city  engineer.  "^^^  All  of  these  officers,  with  the 
exception  of  those  in  the  police  and  fire  departments,  are  named 
by  the  board  on  its  own  initiative.  For  the  employees  in  the  fire 
and  police  departments,  the  commissioner  in  charge  prepares 
and  presents  to  the  board  in  writing  his  recommendations  of 
persons  for  appointment,  "based  on  the  integrity  of  character 
and  physical  and  intellectual  capacities  of  the  applicants  for 
such  positions".  In  preparing  his  list  of  recommendations,  the 
police  and  fire  commissioner  is  required  to  give  preference  to 
"those  men  who  have  proved  themselves  capable,  good,  and 
efficient  in  the  performance  of  their  duties".  In  case  of  a  failure 
or  refusal  of  the  police  and  fire  commissioner  to  make  the  neces- 
sary recommendations  at  the  second  regular  meeting  of  the 
board  after  its  induction  into  office,  the  board  may  proceed  to 
select  proper  persons  to  fill  such  positions  without  his  recommen- 
dations.^®'' 

Every  appointee  must  "be  at  the  time  of  his  appointment  a 
qualified  voter  in  the  city  of  Galveston".  Appointees  shall  hold 
their  offices  for  two  years. ^^^  But  the  board  of  commissioners  is 
empowered  to  "remove  any  officer  for  incompetency,  inefficiency, 
corruption,  mal-conduct,  malfeasance,  or  non-feasance  in  office, 
or  such  other  causes  as  may  be  prescribed  by  ordinance  after 
due  notice  in  writing  [to  the  employee]  and  opportunity  to  be 
heard  in  his  defence ".^"^  Any  person  can  file  with  the  president 
of  the  board  charges  against  an  officer  for  any  or  all  the  offences 
provided  for,  and  it  is  the  duty  of  the  board  to  determine  the 
truth  of  such  charges.  At  the  hearing  the  board  constitutes  a 
court  and  is  vested  with  exclusive  jurisdiction.  Counsel  may  be 
employed  both  by  the  accused  and  by  the  board.  "Upon  the 
conclusion  of  the  investigation  and  argument  of  the  case,  a  vote 
shall  be  taken  on  such  charge  and  specification",  and  in  accord- 
ance with  the  vote  of  the  majority  the  board  shall  give  its  judg- 
ment."" In  this  connection  it  may  be  noted  that  the  members 
of  the  board  of  commissioners  "may  be  removed  for  the  same 
reasons  and  in  the  same  manner  as  county  officers"."^ 


62  COMMISSION  AND  MANAGER  PLANS 

The  duties  of  the  different  appointed  officers  are  minutely 
prescribed  in  the  charter;  but  the  board  is  empowered  "from 
time  to  time  to  require  further  and  other  duties  of  all  officers 
whose  duties  are  herein  prescribed,  and  to  define  and  prescribe 
the  powers  and  duties  of  all  officers  elected  to  any  office  under 
this  Act  whose  duties  are  not  herein  specially  mentioned  and  to 
fix  their  compensation  when  not  herein  fixed.  ""^  The  board 
has  also  the  power  to  require  bonds  to  be  given  by  all  officers 
for  the  faithful  performance  of  their  duties,  and  to  fill  all 
vacancies  when  no  other  method  is  provided  in  the  charter. 

In  order  to  give  elasticity  to  the  administration  of  municipal 
affairs,  the  framers  of  the  charter  gave  the  board  the  additional 
"authority  from  time  to  time  to  ''.reate  and  fill  and  discontinue 
offices  and  employments  other  than  herein  prescribed  according 
to  their  judgment  of  the  needs  and  requirements  of  the  city, 
and  in  their  discretion,  by  a  majority  vote  of  all  the  members 
of  the  Board ;  to  remove,  for  or  without  cause,  the  incumbent  of 
any  such  office  or  employment,  and  may,  by  order  or  otherwise, 
prescribe,  limit  or  change  the  compensation  of  such  officers  or 
employees.  "^^^  The  only  limitation  on  such  discretionary  power 
of  the  board  is  that  "no  salary  shall  exceed  nine  hundred 
($900.00)  dollars  per  annum  for  any  office  or  employment"  thus 
created.^^* 

In  view  of  the  fact  that  it  was  the  deliberate  intention  of  the 
framers  of  the  Galveston  charter  to  surrender  local  autonomy 
and  to  devise  a  strong  centralized  city  government  unhampered 
by  the  infiuences  of  the  political  boss,  nothing  except  a  few  pro- 
visions relating  to  the  publicity  of  the  actions  of  the  board 
is  inserted  into  the  charter  to  safeguard  the  concentration  of 
too  much  power  in  so  small  a  body.  All  the  legislative  sessions 
of  the  board,  whether  regular  or  special,  are  required  to  be  open 
to  the  public.  A  public  newspaper  of  the  city  must  be  desig- 
nated as  the  official  paper  in  which  are  to  be  published  all 
ordinances,  notices,  and  other  matters  of  public  interest.  In 
this  official  paper  the  board  must  publish  quarterly  a 
statement  "showing  a  full,  clear  and  complete  statement  of  all 
taxes  and  other  revenues  collected  and  expended  during  the 
preceding  quarter,  indicating  the  respective  sources  from  which 


ORIGIN  OF  COMMISSION  PLAN  63 

the  moneys  are  derived,  and  also  indicating  the  disposition 
made  thereof .  "^''^ 

Such,  in  brief,  is  the  machinery  of  city  government  as  set 
forth  in  the  Galveston  plan.  The  old  system  of  mayor  and 
aldermen  has  been  entirely  done  away  with  and  a  new  system 
of  a  mayor  and  four  commissioners  has  been  installed.  The 
ward  system  of  representation  with  its  numerous  evils  and  short- 
comings has  been  discarded,  and  the  unit  for  governmental  pur- 
poses is  now  the  city  as  a  whole.PTne  time-honored  theory  of 
the  separation  of  powers  which,  when  applied  to  city  gov- 
ernment, results  in  producing  an  irresponsible  and  unbusiness- 
like organization,  and  the  fallacious  idea  of  popular  election  of 
all  the  administrative  officers,  which  results  in  Ijhe  long  ballot 
and  blind-voting,  are  abolished  root  and  branch.  In  place  of 
these  antiquated  theories,  there  are  now  substitirt^d  sound  prin- 
ciples, based  on  efficiency  and  simplicity,  which  have  been 
proved  successful  in  large  private  business  corporations.  The 
system  as  adopted  by  Galveston  in  1901  confers  power  and  re- 
sponsibility on  a  few  elected  men  who  are  conspicuously  sig- 
nificant and  important  in  the  city  government.  All  the  other 
officers  and  superintendents  of  the  departments  are  appointed 
by  and  responsible  to  them.  Thus,  harmony  in  administration 
is  secured.  The  whole  theory  underlying  the  new  system  is  that 
thp  fitv  is  to  be_regarded  as  a  great  business  enterprise,  the 
object  of  which  is  to  secure  the  welfare  of  the  community.  It 
was  this  conception  of  the  city  as  a  business  "proposition  which 
gave  the  Galveston  experiment  its  first  great  vogue. 

Of  the  success  of  the  Galveston  plan  most  writers  have  given 
emphatic  and  unqualified  assurances.  Mr.  George  Kibbe 
Turner,  in  an  article  published  in  the  October  number  of 
McClure's  Magazine  in  1906,  describes  in  great  detail  the  gov- 
ernment of  Galveston  and  makes  the  following  striking  compari- 
sons between  the  new  and  the  old  system  of  government : 

The  commission  found  the  city  bankrupt,  it  has  raised  its  credit  above 
par.  It  has  saved  Galveston  one  full  third  of  her  gross  running  expenses. 
The  annual  cost  of  the  government  of  Galveston  has  averaged  about 
$650,000.  In  the  four  and  a  half  years  of  commission  government  ending 
February  28,  1906,  a  saving  of  at  least  $1,000,000— over  $220,000  a  year— 


64  COMmSSION  AND  MANAGER  PLANS 

had  been  made  in  comparison,  not  with  the  vicious  period  of  the  ward 
aldermen,  but  with  the  years  of  the  general  aldermen  following  1895. 

The  government  in  the  four  and  a  half  years  preceding  the  Commission 
had  incurred  $250,000  of  debt  for  current  running  expenses;  the  new 
government  incurred  absolutely  no  debt  for  this  purpose.  The  former 
government  had  had  to  its  credit  $425,000  more  in  assessed  taxes  than 
the  new  one.  After  making  allowance  for  the  inefliciency  of  tax  collection 
under  the  old  regime,  the  Commission  during  its  first  four  ana  a  half  years, 
had  saved  the  city  at  least  $500,000,  which  it  must  have  raised  by  taxes 
or  added  debt  if  the  old  administration  had  been  in  charge.  In  addition, 
the  commission  had  saved  $500,000  more.  Of  this,  $200,000  was  laid  away 
by  reducing  the  net  debt  by  that  amount,  and  $300,000  was  put  into  per- 
manent improvements,  which,  if  made  at  all,  must  certainly  have  been 
paid  for  by  bonds  if  the  former  administration  had  been  in  charge.  It 
might  be  objected  that  the  slightly  smaller  population  in  the  second  period, 
under  the  commission,  would  call  for  smaller  expenditures.  But  this  is  not 
true.  The  second  period  has  called  for  larger  outlays — for  all  kinds  of 
repairs  after  the  storm,  and  for  the  extension  of  the  city's  functions  in 
every  line,  except  possibly  one — the  fire  department.  And  all  this  has 
been  done  under  a  slight  average  decrease  in  the  tax  rate. 

These  results  have  been  secured  by  straight,  careful  business  methods, 
such  as  any  man  would  apply  to  his  own  affairs.  Great  pressure  and  in- 
genuity has  been  used  to  add  to  the  sources  of  revenue.  An  additional 
$30,000  has  been  secured  in  the  four  and  a  half  years  from  a  vehicle  tax, 
not  collected  in  the  period  before.  Nearly  $60,000  has  been  secured  from 
interest  on  city  deposits,  which,  by  an  extraordinary  piece  of  carelessness, 
was  given  over  previously  to  the  city  treasurer.  Some  $7,500  has  been 
realized  from  taking  over  the  costs  which  had  formerly  gone  to  the  chief 
of  police  and  the  prosecuting  attorney  in  the  city  court.  The  waterworks, 
at  practically  no  increase  in  operating  expenses,  have  yielded  $115,000 
more.  And  when  the  streets  were  rebuilt,  the  street  railway  paid  its 
share  of  them — a  matter  of  $40,000.  Added  to  this  is  a  comparative 
saving  in  the  four  years  and  a  half  of  $60,000  and  $40,000  in  the  police 
and  fire  departments,  from  a  reduction  in  salaries  and  force,  and  nearly 
$50,000  from  the  cheaper  operation  of  the  electric  light  department."" 

THE  HOUSTON  PLAN 

The  success  of  Galveston  under  the  commission  plan  of  gov- 
ernment attracted  the  attention  of  the  city  of  Houston.  But  the 
conditions  leading  to  the  adoption  of  the  new  system  in  Houston 
were  neither  dramatic  nor  calamitous.  In  Houston  there  was  no 
great  catastrophe  as  there  had  been  in  Galveston ;  but,  like  many 
other  cities  in  this  country',  the  people  had  long  suffered  from 
the  evils  of  the  council-mayor  system  of  government.     Indeed, 


ORIGIN  OF  COMMISSION  PLAN  65 

the  story  of  Houston  up  to  1905  was  the  story  of  all  other 
American  cities.  It  was  a  story  of  incompetency,  of  political 
graft,  of  corruption,  and  petty  ward  politics. 

Houston  was  governed  before  1905  by  a  mayor  and  a  city 
council.  The  city  was  divided  into  six  wards,  from  each  of 
which  two  aldermen  were  chosen  to  sit  in  the  council.  Conse- 
quently, ward  politicians  dominated  the  municipal  legislative 
body.  Each  alderman  looked  out  for  the  interests  of  his  par- 
ticular ward  even  at  the  expense  of  the  whole  city,  and  the 
catchword  for  looting  the  city  treasury  was  "local  patriotism". 
Graft  reigned  supreme,  and  anybody  who  took  a  part  in  the 
city  government,  no  matter  what  his  position — policeman,  fire- 
man, judge,  clerk,  constable,  or  what  not — was  "out  for  graft". 
The  city  was  in  an  extremely  poor  financial  condition.  It  was 
burdened  with  a  tremendous  bonded  indebtedness,  as  well  as 
with  a  floating  indebtedness  of  over  $400,000.^''''  Taxes  were 
collected  and  revenue  was  spent,  but  there  were  no  tangible  re- 
sults. The  better  class  of  the  citizens  were  convinced  that  a 
change  in  the  form  of  government  was  necessary  to  improve  the 
existing  conditions,  and  they  were  ready  for  any  kind  of  a 
change.^''*  The  situation  was  emphatically  expressed  by  Mayor 
Rice  when  he  said :  ' '  Debt  after  debt  was  being  created  and 
nothing  to  show  for  the  moneys  paid  into  the  treasury.  The 
people  of  Houston  were  in  that  frame  of  mind  to  accept  any 
form  or  kind  of  change  in  their  government,  knowing  full  well 
that  they  could  do  nothing  worse  than  to  continue  what  they 
had.""^ 

It  was  during  such  a  state  of  affairs  that  some  of  the  citizens 
of  Houston  observed  the  improved  conditions  in  Galveston  under 
the  commission  system.  They  felt  that  the  Galveston  plan  might 
be  adopted  in  the  hope  of  redeeming  their  own  city  government 
from  political  rascality.  A  committee  of  investigation  was  ap- 
pointed to  study  the  actual  working  of  the  Galveston  plan ;  and 
in  its  report  the  committee  heartily  endorsed  the  new  idea  and 
recommended  that  the  Houston  charter  be  amended.  The  com- 
mission plan  was  submitted  to  the  voters  on  December  10,  1904, 
and  though  the  number  of  people  who  expressed  their  opinion 
on   that   occasion    was   small,    a   great   majority    endorsed    the 


66  COMMISSION  AND  MANAGER  PLANS 

project-^s"  Accordingly,  a  new  charter  embodying  the  general 
prineples  of  the  Galveston  plan  was  submitted  to  the  Twenty- 
ninth  Legislative  Assembly  which  met  in  1905. 

Despite  the  bitter  and  determined  opposition  of  the  old 
political  ring,  the  legislature  on  March  18,  1905,  granted  the  new 
charter  in  an  act,  the  full  title  of  which  reads:  ''An  Act  to 
grant  a  new  charter  to  the  city  of  Houston,  Harris  County, 
Texas,  repealing  all  laws  or  parts  of  laws  in  conflict  herewith, 
and  declaring  an  emergency".  But  it  was  found  necessary  at 
the  same  session  of  the  legislature  to  amend  certain  sections  of 
the  charter  so  as  to  make  provision  for  an  election.  On  June 
27,  1905,  the  first  election  under  the  new  charter  took  place,  and 
the  officials  elected  began  their  duties  on  July  5,  1905. 

The  charter  was  again  amended  by  the  Thirty-second  Legis- 
lative Assembly  in  1911,  and  a  separate  article  entitled  "Street 
Improvements"  was  added.  This  amendment,  however,  was 
ratified  by  the  voters  of  the  city.  By  virtue  of  the  constitutional 
home  rule  amendment  adopted  in  1912  and  the  enabling  act 
passed  in  pursuance  thereof  by  the  Thirty-third  Legislative 
Assembly  in  1913,  the  voters  of  Houston  amended  the  charter 
on  October  15,  1913,  in  thirty-seven  of  its  sections."' 

Though  the  main  features  of  the  commission  plan  as  ex- 
emplified in  the  Galveston  charter  were  followed,  the  Houston 
charter  was  by  no  means  a  literal  reproduction  of  the  original 
plan :  there  were  important  features  in  the  new  charter  which 
greatly  modified  the  original  plan  and  which  put  the  Houston  I 

charter  in  a  class  by  itself.  1 

The  administration  of  the  city  was  vested  by  the  charter  in  ; 

a  mayor  and  four  aldermen,  who  together  constituted  the  city 
council.  Both  the  mayor  and  the  aldermen  were  elected  by  the 
qualified  voters  of  the  city  at  large  and  held  office  for  two  years. 
The  1913  amendment  authorized  the  city  council  to  pass  "all 
necessary  ordinances  providing  for  and  requiring  the  nomina- 
tion of  all  candidates  of  any  political  party  for  elective  officers 
....  by  preferential  ballot".'^'  Unlike  the  Galveston  plan, 
the  characteristic  feature  of  the  original  Houston  charter  was 
the  concentration  of  almost  all  the  powers  of  administration  in 
the  hands  of  the  mayor,  upon  whom  was  also  placed  direct  re- 


ORIGIN  OF  COMMISSION  PLAN  67 

sponsibility  co-extensive  with  his  power.  In  fact,  the  four  com- 
missioners or  aldermen  according  to  the  original  plan  acted 
simply  as  his  assistants,  although  when  acting  together  they 
exercised  a  check  on  the  mayor's  actions  in  a  few  specified  mat- 
ters, such  as  those  relating  to  expenditure.^^^ 

Under  the  original  charter  the  mayor  of  Houston  occupied 
a  predominant  position  and  was  the  responsible  head  of  the  city 
government.  The  aldermen  were  not  his  colleagues  as  in  the 
case  of  Galveston,  but  rather  his  subordinates  in  the  sense  that 
he  alone  was  held  primarily  responsible  for  the  success  or  failure 
of  the  government.  The  charter  did  not  provide  any  adminis- 
trative departments;  but  left  them  to  be  created  by  ordinance, 
authorizing,  however,  the  mayor  to  appoint  the  heads  thereof. 
For  administrative  purposes  there  were  nominally  four  com- 
mittees :  on  finance  and  revenue ;  on  police  and  fire ;  on  water, 
light  and  health ;  and  on  streets,  bridges,  and  public  grounds. 
Each  of  these  committees  consisted  of  one  chairman  and  three 
other  members.  The  mayor,  subject  to  the  confirmation  of  the 
four  aldermen,  assigned  each  of  them  to  be  chairman  of  a  par- 
ticular committee;  and  each  chairman  was  nominally  one  of  the 
members  of  all  the  other  committees.  The  mayor  himself  was 
the  ex-officio  head  of  all  the  committees.^^* 

But  all  these  features  were  changed  by  one  of  the  amend- 
ments adopted  in  1913.  The  mayor  now  has  no  power  to  make 
assignments  of  the  chairmen  of  committees,  since  each  of  the 
four  commissioners  to  be  elected  at  the  regular  city  election 
must  "designate  the  position  for  which  he  is  a  candidate  and 
shall  have  his  name  placed  on  the  official  ballot  as  a  candidate 
for  the  particular  position  which  he  seeks ' '.  The  positions  pro- 
vided in  the  charter  are  as  follows :  Tax  and  Land  Commission- 
er, Fire  Commissioner,  Street  and  Bridge  Commissioner,  and 
Water  Commissioner.^''* 

The  mayor's  powers  in  other  respects,  which  were  very  ex- 
tensive in  the  original  charter,  remain  intact.  In  the  first  place, 
he  has  and  exercises  "such  powers,  prerogatives  and  authority, 
acting  independently  of  or  in  concert  with  the  city  council,  as 
are  conferred  by  the  provisions  of  this  act,  or  as  may  be  con- 
ferred upon  him  by  the  City  Council,  not  inconsistent  with  the 


68  COMMISSION  AND  MANAGER  PLANS 

general  purposes  and  provisions  of  this  charter". ^8«  He  is  a 
member  of  the  city  council,  and  as  such  he  has  a  right  to  vote 
just  as  do  the  other  aldermen ;  but  in  addition,  he  has  a  veto  on 
"every  ordinance,  resolution  or  motion  of  the  city  council",  and 
also  on  any  or  every  item  in  ordinances  or  resolutions  making 
appropriations.  The  council  may  pass  measures  over  the  may- 
or's veto  by  a  majority  vote,  but  the  mayor  has  also  a  vote  on 
questions  of  passing  measures  over  his  own  veto.^^''  It  is  his 
duty  "from  time  to  time  to  make  such  recommendations  to  the 
Council  as  he  may  deem  to  be  for  the  welfare  of  the  city,  and  on 
the  second  Monday  of  March  of  each  year  to  submit  to  the  Coun- 
cil the  annual  budget  of  the  current  expenses  of  the  city  for  that 
fiscal  year".  Though  the  council  maj^  increase,  reduce  or  omit 
each  or  any  item  of  the  budget,  its  action  is  always  subject  to  the 
veto  power  of  the  mayor.^^*  The  mayor  appoints  and  removes 
"all  ofificers  or  employees  in  the  service  of  the  city  for  cause,  when- 
ever in  his  judgment  the  public  interests  demand ",^^'  and  "any 
incumbent  of  any  office,  except  the  controller,  may  be  removed 
at  any  time  by  the  mayor,  with  or  without  the  concurrence  of 
the  council.  "^^<'  By  acting  in  concert  with  the  other  aldermen 
in  the  city  council,  he  has  the  right  to  remove  any  one  of  the 
aldermen  or  the  controller.^'^ 

The  city  council,  which  includes  the  mayor,  has  very  extensive 
powers.  In  it  the  charter  vests  the  full  power  and  authority  to 
exercise  all  powers  conferred  upon  the  city,  subject  to  the  may- 
or's veto."^  The  city  council  has  the  power  "to  establish  any 
office  that  may  in  its  opinion  be  necessary  or  expedient  for  the 
conduct  of  the  city's  business  or  government,  and  may  fix  its 
salary  and  define  its  duties  ".^^^  It  may  also  increase  or  dimin- 
ish the  compensation  of  all  officers,  except  their  own,  and  may 
"abolish  entirely  any  office  at  any  time,  except  as  to  the  officers 
above  mentioned.""^  By  a  majority  vote  of  all  the  aldermen 
the  city  council  may  remove  the  mayor  from  office  "in  ease 
of  misconduct,  inability  or  wilful  neglect  in  the  performance  of 
the  duties  of  his  office' \'^^  In  the  same  way,  any  one  of  the 
four  aldermen  may  be  removed. ^'^ 

For  the  purpose  of  conducting  and  transacting  the  ordinary- 
business  and  administrative  affairs  of  the  city,  the  city  council 


ORIGIN  OF  COMMISSION  PLAN  69 

shall  be  continuously  in  executive  session,  or  open  and  ready  to 
be  convened  therefor  at  any  time,  and  at  such  hours  as  the 
Mayor  may  designate"."^  In  this  provision  of  the  charter  there 
is  to  be  noticed  a  very  marked  departure  of  the  Houston  plan 
from  that  of  Galveston.  In  Galveston,  as  has  already  been  in- 
dicated, the  commissioners  are  not  required  to  devote  their  full 
time  to  the  service  of  the  city,  and  are  not  expected  to  be  experts 
in  the  actual  charge  of  the  departmental  work,  but  merely  ad- 
visers or  directors  of  the  department  whose  function  is  only  to 
determine  the  general  policies.  The  distinction  between  policy- 
determining  officials  and  administrative  experts  is  clearly  recog- 
nized in  the  Galveston  plan,  and  in  so  doing  the  framers  of  the 
charter  expect  to  secure  the  advices  and  services  of  successful 
business  men  in  directing  the  general  policies  of  the  city  admin- 
istration. 

Houston,  on  the  other  hand,  by  requiring  the  full  time  of  its 
aldermen  and  requiring  the  election  of  commissioners  to  spe- 
cific departments,  makes  no  distinction  between  the  policy- 
determining  officials  and  administrative  experts — which  pre- 
supposes the  election  of  experts  to  offices.  The  aldermen  elected 
are  not  merely  directors  or  supervisors  of  the  departments  as  in 
the  case  of  Galveston,  but  are  actual  superintendents  of  the 
detailed  work  of  the  departments.  The  question  as  to  which 
form  is  the  superior  is  one  of  the  most  interesting  questions 
arising  out  of  the  operation  of  the  commission  plan  of  city 
government:  there  is  much  to  be  said  on  both  sides.^^^  Recent 
tendencies  seem  to  be  away  from  the  popular  election  of  the 
administrative  experts,  as  this  would  impose  on  the  people  a 
task  of  the  utmost  delicacy — a  task  which  '' demanded  intensive 
and  intimate  investigation,  such  as  could  be  conducted  only  by 
a  very  few  men".^^^  Such  a  tendency  is  clearly  seen  in  the 
recent  development  and  spread  of  the  commission-manager  plan. 
In  consideration  of  the  full  time  devoted  to  the  service  of  the 
city,  the  mayor  and  the  aldermen  receive  much  larger  salaries 
than  in  Galveston :  $7500  per  annum  for  the  mayor  and  $2400 
for  the  aldermen. ^''^  Public  council  meetings  are  held  each  Mon- 
day at  4  p.  M.,  but  they  are  little  more  than  a  public  ratification 
of  those  matters  previously  agreed  upon  by  the  council  in  ex- 


70  COMMISSION  AND  MANAGER  PLANS 

ecutive  session.  The  sessions  are  often  short  and  entirely 
devoid  of  the  features  of  the  old  council  meeting. 

Like  the  Galveston  plan,  there  are  specific  provisions  in  the 
Houston  charter  intended  to  insure  publicity.  The  council 
"shall  sit  with  open  doors;  shall  keep  a  journal  of  its  own  pro- 
ceedings, which  shall  be  public  and  constitute  one  of  the  archives 
of  the  city".  On  the  passage  of  all  ordinances  or  resolutions, 
the  ayes  and  nays  of  the  members  shall  be  taken  and  entered 
upon  the  journal  of  its  proceedings,  and  no  ordinance  or  resolu- 
tion can  be  passed  on  the  same  day  on  which  it  is  introduced.*" 

As  originally  adopted  the  Houston  charter  contained  no  pro- 
visions for  the  initiative  and  recall ;  but  provision  was  made  in 
the  original  charter  for  a  referendum  on  the  granting  of 
franchises  and  on  bond  issues.  The  charter  requires  any  issue 
of  bonds  exceeding  $100,000  in  any  one  year  to  be  submitted  to 
the  voters,  and  to  secure  a  majority  vote  before  such  debt  can  be 
ereated.^"^  Any  grant  of  franchises  or  special  privileges  must 
be  submitted  to  the  voters  for  approval  upon  petition  of  at 
least  five  hundred  legally  qualified  voters.^''^  Under  the  original 
charter  the  city  was  granted  the  right  to  "acquire  its  public 
utilities,  such  as  gas,  water  and  electric  light  works,  and  under- 
ground, surface  and  elevated  street  railways,  subways,  or  under- 
ground conduit  systems  for  electric  light,  power,  telephone, 
telegraph  and  other  wires  used  for  the  purpose  of  transmitting 
and  electric  service. '  '^"^  This  power  of  the  city  to  purchase  and 
operate  public  utilities  was  greatly  broadened  by  the  home  rule 
amendment  of  1913.^"^ 

Moreover,  the  home  rule  amendment  of  1913  not  only  modified 
the  election  provisions  of  the  charter,  reduced  the  powers  of  the 
mayor,  and  broadened  the  scope  of  municipal  ownership  of 
public  utilities,  but  changed  radically  the  original  Houston  plan 
by  the  introduction  of  features  of  the  Des  Moines  plan,  including 
the  initiative,  the  referendum,  the  recall,  and  civil  service  pro- 
visions. 

The  amended  charter  explicitly  provides  that  "the  people  of 
Houston,  in  addition  to  the  method  of  legislation  hereinbefore 
provided,  shall  have  the  power  of  direct  legislation  by  the  in- 
itiative and  referendum  ".^"^    Any  proposed  ordinance  or  reso- 


ORIGIN  OF  COMMISSION  PLAN  71 

lution  may  at  any  time  be  submitted  to  the  council  by  petition 
from  "qualified  electors  equal  to  fifteen  per  cent  of  the  total 
vote  cast  at  the  democratic  primary  for  the  nomination  of  mayor 
and  commissioners";  and  the  electors  may  also  request  at  the 
same  time  that  "such  ordinance  or  resolution  be  submitted  to  a 
vote  of  the  people,  if  not  passed  by  the  council".  Upon  receiv- 
ing such  petition  and  request,  the  council  "shall  either  pass 
such  ordinance  or  resolution  without  alteration,  or  submit  it 
to  the  popular  vote  at  a  special  election ;  which  must  be  held 
within  thirty  days  after  the  date  of  the  ordering  thereof".  If 
the  proposed  ordinance  or  resolution,  is  approved  by  a  majority 
of  the  qualified  electors  voting  thereon,  it  becomes  thereupon  or 
at  any  time  fixed  therein  "effective  as  a  law  or  as  a  mandatory 
order  to  the  council."  It  is  further  provided  that  ordinances 
or  resolutions  of  this  kind  can  not  "be  repealed  or  amended 
except  by  the  Council  in  response  to  a  referendum  petition  or 
by  popular  vote  thereon." 

Hand  in  hand  with  the  institution  of  popular  initiative,  is  the 
institution  of  protest,  or  referendum.  Reference  has  already 
been  made  to  the  provision  in  the  Houston  charter  which  enables 
the  people  to  veto,  through  compulsory  referendum,  the  grant- 
ing of  franchises.  But  aside  from  that  the  people  may  also, 
through  the  instrumentality  of  protest,  check  the  enactment  by 
the  council  of  any  ordinance.  It  is  arranged  in  the  Houston 
charter  that  "prior  to  the  date  when  an  ordinance  or  resolution 
shall  take  effect,  or  Avithin  thirty  days  after  the  publication  of 
the  same",  upon  a  petition  signed  by  ten  percent*"''  of  the 
voters  protesting  against  the  enactment  or  enforcement  of  the 
same,  "it  shall  be  suspended  from  taking  effect  and  no  action 
theretofore  taken  under  such  ordinance  or  resolution  shall  be 
legal  and  valid."  In  the  meantime,  the  council  must  "recon- 
sider such  ordinance  or  resolution  and,  if  it  does  not  entirely 
repeal  the  same,  shall  submit  it  to  popular  vote  at  the  next 
municipal  election,  or  the  Council  may,  in  its  discretion,  call  a 
special  election  for  that  purpose;  and  such  ordinance  or  resolu- 
tion shall  not  take  effect  unless  a  majority  of  the  qualified  elect- 
ors voting  thereon  at  such  election  shall  vote  in  favor  thereof." 
The  only  limitation  on  the  exercise  of  this  power  of  direct  legis- 


72  COJiBIISSION  AND  MANAGER  PLANS 

lation  by  the  people  is  a  provision  in  the  charter  limiting  the 
number  of  special  elections  for  this  purpose  to  one  in  any  period 
of  six  months. 

Closely  connected  with  the  method  of  direct  legislation  by  the 
initiative  and  referendum  is  the  administrative  weapon  known 
as  the  recall.  In  Houston  this  method  of  removal  from  office  is 
applicable  to  the  "holder  of  any  public  office  ....  whether 
elected  thereto  by  the  people  or  appointed  by  the  city  co\m- 
cjl"208  The  movement  to  recall  an  officer  begins  by  the  prep- 
aration of  a  petition,  the  exact  form  of  which  is  prescribed  in 
the  charter.  "Incompetency  or  unfitness  for  or  misconduct  or 
malfeasance  in  the  office"  are  specified  as  grounds  for  removal. 
The  petition,  when  signed  by  the  qualified  electors,  in  number 
not  less  than  twenty-five  percent  of  the  total  vote  cast  at  the 
democratic  primary  for  the  nomination  of  mayor  and  commis- 
sioners, is  to  be  filed  with  the  city  secretary.  The  signatures  on 
the  petition  thus  filed  must  be  verified  by  one  or  more  petition- 
ers :  and  after  such  verification,  the  secretary  must  immediately 
notify  in  writing  the  officer  sought  to  be  removed.  To  prevent 
the  abuses  which  might  possibly  arise  from  the  recall  procedure, 
and  to  safeguard  the  officials  sought  to  be  removed,  the  Houston 
charter  contains  a  provision  which  enables  the  incumbent,  whose 
removal  is  sought,  to  file  with  the  city  secretary  his  objection 
in  writing  to  the  sufficiency  of  such  petition ;  and  the  sufficiency 
of  the  objection  is  then  heard  and  determined  by  the  city 
council.  If  the  sufficiency  of  the  objection  is  sustained,  the 
petitioners  may  amend  the  petition  to  meet  the  requirements 
of  the  ruling  of  the  council. 

The  grounds  for  removal  set  forth  in  the  petition  not  being 
declared  insufficient  upon  objection  thereto,  and  all  other  re- 
quirements being  found  to  have  been  fully  complied  with,  a 
recall  election  is  to  be  ordered  within  ten  days  after  the  final 
certification  of  the  secretary,  unless  the  incumbent  sought  to 
be  removed  resigns  within  five  days  thereafter.  The  recall  elec- 
tion is  conducted  just  like  any  other  regular  election,  in  so  far 
as  polling  places,  ballots,  and  general  arrangements  are  con- 
cerned. If,  as  a  result  of  the  election,  the  person  sought  to  be 
removed  is  recalled,  his  tenure  of  office  terminates  at  once.     In 


ORIGIN  OF  COMMISSION  PLAN  73 

case  he  is  an  appointive  officer,  his  successor  may  be  appointed 
immediately  by  the  city  council;  and  if  an  elective  officer,  elec- 
tion of  his  successor  is  to  be  ordered.  But  the  exercise  of  this 
so-called  "guaranteed  right  of  the  people  to  discharge  their 
public  servants  "^"^  is  not  unlimited,  as  it  is  provided  in  the 
charter  that  "no  petition  for  the  recall  of  any  officer  shall  be 
filed  until  eight  months  after  the  election  or  appointment  and 
the  qualification  of  such  officer,  nor  shall  there  be  more  than 
one  recall  election  in  any  one  calendar  year". 

An.other  improvement  of  the  Houston  plan  by  the  home  rule 
amendment  of  1913  was  the  introduction  of  the  civil  service 
system  in  the  appointment  of  subordinate  officers.*^"  The 
amended  charter  provides  a  civil  service  commission  of  three 
persons,  one  of  whom  must  be  a  member  of  the  city  council. 
They  are  to  be  appointed  by  the  mayor,  with  the  confirmation  of 
the  city  council,  and  to  serve  for  a  two-year  term  with  compensa- 
tion. The  civil  service  commission,  thus  appointed,  has  the 
following  functions  to  perform:  (1)  to  make,  with  the  approval 
of  the  city  council,  "such  rules  and  regulations  for  the  proper 
conduct  of  its  business  as  it  shall  find  necessarj^  and  expedient"; 
(2)  to  "provide  for  the  classification  of  all  employees  [with 
exceptions  indicated  below]  eligible  to  civil  service";  (3)  to 
"make  provision  for  open,  competitive  and  free  examination  as 
to  the  fitness  in  regard  to  classified  services  for  an  eligibility 
list";  (4)  to  hear  complaints  of  the  dismissed  employees  and  to 
decide  whether  a  particular  employee  shall  be  permanently  dis- 
missed or  reiiistated  in  his  employment;  (5)  with  the  approval 
of  the  city  council,  to  "make  proper  rules  and  regulations  for 
the  government  of  the  employees  under  civil  service";  and  (6) 
finally  to  have  such  rights  and  duties  as  may  be  granted  by  the 
city  council.  But  the  civil  service  system  as  provided  in  the 
amended  charter  of  Houston  is  not  thorough-going  and  perfect : 
in  the  first  place,  the  commission  has  little  power  independent 
of  the  city  council ;  and,  secondly,  many  positions  are  exempted 
from  the  scope  of  competition.  The  exempted  positions  include 
all  day  laborers,  "the  heads  of  departments  now  existing  or 
which  may  be  hereinafter  named ;  the  City  Attorney,  and  his 
assistants ;  City  Tax  Attorney,  if  there  shall  be  one ;  City  En- 


74  COMMISSION  AND  MANAGER  PLANS 

gineer;  Tax  Assessor  and  Collector;  Chief  of  Police;  Chief  of 
Fire  Department ;  Fire  Marshal ;  Purchasing  Agent ;  City  Health 
Officer;  City  Pathologist;  City  Scavenger;  and  all  of  the  chief 
clerks  of  any  and  all  departments  of  the  city  government,  and 
the  members  of  all  boards  created  and  appointed  by  the  City 
Council". 

Such,  in  brief,  are  the  essential  features  of  the  Houston  char- 
ter, which,  though  not  following  the  Galveston  plan  in  every 
particular,  still  contains  all  the  essential  features  of  the  com- 
mission plan.  The  number  of  men  who  have  actual  control,  who 
direct  the  policies  of  the  city,  and  who  are  held  responsible  for 
their  actual  working  out  and  enforcement  is  small.  The  number 
of  officers  elected  is  reduced  and  the  number  of  appointed  officers 
correspondingly  increased. 

As  to  the  results  of  the  system  in  Houston,  the  same  emphatic 
and  unqualified  assurances  are  given  by  various  writers,  as  in 
the  case  of  Galveston.  Mr.  Jerome  H.  Farbar,  Director  of  Pub- 
licity, Chamber  of  Commerce,  Houston,  Texas,  has  declared  that 
the  benefits  accruing  from  the  commission  form  of  government 
in  Houston  are  as  follows : 

The  floating  indebtedness  of  $400,000  was  wiped  out  in  less  than  a  year. 
The  plan  has  enabled  the  present  administration,  []19ir]  without  a  bond 
issue,  to  erect  three  excellent  brick  school  buildings  at  a  cost  of  $125,000; 
to  build  six  miles  of  paving;  to  expend  $60,000  for  public  parks  and 
to  appropriate  $50,000  for  the  Houston  Ship  Channel,  exclusive  of  the  re- 
cent $1,250,000  voted  therefor  by  the  people  of  Houston.  It  has  made 
possible  the  erection  of  a  $400,000  municipal  auditorium  out  of  the  gen- 
eral revenues  of  the  city  without  one  cent  of  graft.  The  auditorium  seats 
7,000  persons  and  is  the  finest  convention  hall  in  the  South.  It  has  cleaned 
out  the  gambling  houses;  abolished  variety  theatres;  discontinued  the 
racing  pool  rooms;  and  closed  the  saloons  after  12  o'clock  midnight  and 
all  day  Sunday.  There  has  been  adopted  a  system  of  block  books  for 
tax  department,  which  enables  the  board  of  appraisers  to  locate  the  owner 
of  every  tract  of  land  in  the  city  and  collect  the  assessment.  It  has 
made  possible  the  appropriation  annually  of  a  sum  exceeding  $500,000  out 
of  the  general  revenues  for  improvements.  The  commissioners  have  pur- 
chased the  city  water  plant,  increased  the  cost  of  operation  and  within 
one  year,  showed  earnings  of  $10,575.35  without  increasing  the  coat 
of  consumption  to  the  consumer."" 


IV 

THE  DES  MOINES  PLAN:  ITS  ORIGIN  AND 
ITS  PROVISIONS 

The  plan  of  government  as  adopted  in  Galveston  and  in  Hous- 
ton before  1913  has  sometimes  been  characterized  by  certain 
publicists  as  an  "unguarded  commission  government",  and 
criticized  as  "an  honest  attempt  to  secure  better  rule  which 
unhappily  ignores  the  fundamental  demand  of  democratic  gov- 
ernment— an  attempt  more  reactionary  and  autocratic  in  char- 
acter than  democratic  in  spirit."^"  They  rightly  asserted  that 
the  securing  of  men  of  high  calibre  to  administer  municipal 
affairs  is  of  far  more  importance  than  is  the  superior  framework 
of  the  government.  So  long  as  Galveston,  Houston,  or  any  city 
operating  under  this  system,  possesses  commissions  composed 
only  of  honorable,  upright,  competent,  and  conscientious  officials, 
they  will,  to  be  sure,  have  good  government.  But  there  is  no 
reason  to  believe  that  any  of  these  cities  will  not  occasionally 
have  an  inefficient  and  corrupt  commission  which,  with  wide 
and  centralized  power,  would  be  much  more  capable  of  injuring 
the  city  than  an  equally  corrupt  and  inefficient  set  of  adminis- 
trative officers  with  decentralized  powers. 

It  is  argued  that  officials  will  become  responsible  only  when 
they  feel  themselves  under  the  immediate  control  of  the  people 
who  are  able  to  make  and  unmake  them.  But  neither  in  Galves- 
ton, nor  in  Houston  before  1913,  was  there  any  provision  for  the 
possible  exercise  of  popular  control  over  the  officials.  It  re- 
mained for  the  State  of  Iowa,  primarily  through  the  energetic 
efforts  of  certain  public-spirited  citizens  of  Des  Moines,  to 
embody  in  statutory  form  a  new  plan  of  city  government  by 
commission  in  which  all  the  newer  forms  of  institutional  democ- 
racy are  incorporated,  and  in  which,  through  democratic  cheeks 
and  popular  protective  measures,  the  government  is  supposed  to 
be  responsible  and  responsive  to  the  people  at  all  times.     The 

(75) 


76  COMMISSION  AND  MANAGER  PLANS 

system  of  city  government  as  provided  in  the  act  of  the  Thirty- 
second  General  Assembly,  passed  in  1907,  has  come  to  be  known 
as  "The  Des  Moines  Plan  of  City  Government",  because  it  was 
proposed  and  urged  by  the  people  of  the  city  of  Des  Moines.^^' 
To  appreciate  the  real  significance  of  the  Des  Moines  plan,  a 
brief  sketch  of  the  situation  leading  to  the  development  of  such 
a  plan  is  necessary,  since  here,  as  elsewhere,  the  movement  is 
simply  a  phase  of  a  general  tendency.  The  Des  Moines  plan  is 
not  an  isolated  experiment,  but  rather  the  outgrowth  of  what 
preceded. 

Up  to  the  inauguration  of  the  Des  ]\Ioines  plan,  municipal 
government  in  the  State  of  Iowa,  both  with  regard  to  its  activ- 
ities and  its  organization,  had  been  little  altered  from  its  early 
character.  "There  have  been  complaints  at  times  of  local 
shortcomings,  but  they  were  seldom  long  sustained,  and  the  in- 
stances in  which  there  has  been  any  very  significant  change  from 
the  early  system,  in  which  rule  of  the  city  was  by  a  council, 
with  the  mayor  little  more  than  the  presiding  officer,  have  been 
very  infrequent.  Such  changes  as  have  been  made  have  tended 
toward  the  increase  of  the  mayor's  power. "*^^ 

In  the  Constitution  of  1857  there  was  inserted  a  clause  pro- 
hibiting the  legislature  from  incorporating  cities  and  towTis  by 
special  charters.^^^  In  accordance  with  this  provision  a  general 
incorporation  law,  which  classified  cities  and  towns  on  the  basis 
of  population,  was  passed  by  the  Seventh  General  Assembly. 
Thus,  the  municipalities  of  Iowa  were,  for  the  purposes  of  State 
legislation,  grouped  into  (1)  cities  of  the  first  class,  having  a 
population  of  15,000  or  over,  (2)  cities  of  the  second  class,  hav- 
ing a  population  between  2,000  and  15,000,  and  (3)  towns  hav- 
ing a  population  under  2,000.«^«  According  to  the  census  of 
lowa*^'  for  the  year  1915,  the  total  population  of  the  State  was 
2,358,066,  and  the  urban  populations^*  was  1,277,950,  living  in 
893  incorporated  towns  and  cities.  In  1915  there  were  fifteen 
cities  of  the  first  class,  ninety  in  the  second  class,  and  788  in- 
corporated towns.  The  largest  city  is  Des  Moines,  having  a 
population  «"  of  105,652  in  1915. 

Though  the  history  of  municipal  government  and  administra- 
tion in  Iowa  has  shown  nothing  unusual  and    striking,    and 


THE  DES  MOINES  PLAN  77 

though  no  city  in  this  State  has  been  exceptionally  badly  gov- 
erned, the  situation  in  the  larger  cities  like  Des  Moines  has 
seemed  rather  serious. ^^^  Des  Moines  was  governed  by  a  mayor 
and  nine  aldermen.  The  board  of  public  works  was  the  chief 
executive  board  of  the  city ;  but  the  mayor  had  nothing  to  do 
with  its  final  selection,  save  that  he  had  first  to  name  the  candi- 
dates. The  duties  of  the  mayor  were  indeed  few  and  compar- 
atively unimportant.  He  had  certain  appointive  powers,  but  in 
every  case  his  appointment  had  to  be  confirmed  by  the  city 
council,  and  it  was  to  that  body  that  the  appointees  were  obliged 
to  show  political  worth.  On  the  other  hand,  the  board  of  public 
works  was  clothed  with  authority  of  the  greatest  moment  in  a 
financial  way.^^^ 

Of  the  history  of  municipal  government  in  Des  Moines  under 
the  old  regime  lowans  have  no  cause  to  be  proud.  Like  most  of 
the  cities  of  its  size  in  this  country,  Des  Moines  had  its  own 
story  of  shame,  and  its  own  record  of  corruption  and  inefficiency, 
"Bribery  of  voters  was  shamelessly  practiced.  Ballot  boxes  had 
been  stolen  and  unlawfully  exposed  to  manipulation  before  the 
count  of  votes.  The  machinery  of  elections  and  nominations 
was  often  kept  in  the  hands  of  reckless  and  unscrupulous  men 
and  in  some  cases  of  actual  criminals.  "^^^  Members  of  the 
council  were  not  infrequently  in  "profitable  contract  relations 
with  the  public  service  corporations",**^  and  worse  than  that, 
there  was  a  cordial  entente  or  rather  alliance  between  the  cor- 
rupt politicians  and  privilege-seeking  public  service  corporations. 
The  immensely  rich  public  service  companies  were  always  stand- 
ing behind  the  corrupt  political  ring,  the  dominant  party  and 
its  machine.*^^ 

In  Des  Moines  the  task  of  the  reformers  was  rendered  more 
difficult  than  elsewhere  because  of  the  fact  that  the  public  ser- 
vice corporations,  with  few  exceptions,  were  controlled  by  home 
capital.  "The  master  spirits  in  the  companies  were  the  master 
financial  powers  in  the  cities  as  well  as  the  bulwark  of  protection 
and  the  magazine  of  defence  for  the  political  machine.  Their 
families  were  social  leaders.  Their  influence  in  business,  so- 
ciety, church,  educational  and  political  circles  was  estimably 
great.  "^2^     Thus,   any   attack  on   the   corrupt    and    inefficient 


78  COMMISSION  AND  MANAGER  PLANS 

political  ring  was  liable  to  come  to  nothing,  for  multitudinous 
subtle  influences  M^ere  at  once  set  to  work  on  the  side  of  the 
corruptionists. 

The  Des  Moines  plan  of  city  government,  however,  was  not  the 
outcome  of  a  crisis  nor  the  issue  of  a  sporadic  reform  movement, 
but  was  rather  the  direct  result  of  strong  convictions  on  the 
part  of  the  public-spirited  citizens  that  along  with  the  attacks 
on  corruption  and  graft  attention  should  be  directed  to  the 
reform  of  governmental  machinery.  They  realized  that 
"changes  in  organization  and  the  adoption  of  up-to-date  busi- 
ness methods  in  the  conduct  of  public  affairs  will  accomplish 
better  results  than  the  denunciation  of  individual  evil- 
doers."«»"  Thus,  as  early  as  1903  when  the  Iowa  State  Bar 
Association  held  its  ninth  annual  meeting  in  Des  Moines  on 
July  16,  and  17,  Mr.  L.  G.  Kinne,  the  chairman  of  the  committee 
on  law  reform  submitted,  among  others,  the  following  recom- 
mendation : 

That  the  municipal  government  of  cities  of  Iowa  should  be  vested  in  a 
council  of  three  aldermen,  whose  term  of  office  should  be  three  years,  after 
the  first  council  the  members  of  which  should  serve  respectively  one,  two 
and  three  years,  to  be  determined  by  lot;  thereafter  one  alderman  to  be 
elected  annually;  such  alderman  in  all  cases  to  be  elected  by  a  vote  of  the 
whole  city,  and  vacancies  to  be  filled  by  special  elections;  such  councils  to 
be  vested  with  all  the  present  powers  of  city  councils,  and  to  elect  one 
of  their  members  as  mayor  to  exercise  all  the  duties  of  mayor^  as  defined 
by  law;  such  aldermen  to  be  paid  from  two  thousand  to  five  thousand 
dollars  per  year  depending  upon  the  class  of  the  city,  with  additional  com- 
pensation to  the  mayor;  all  to  be  fixed  by  law;  the  said  aldermen  and 
mayor  to  be  required  to  devote  their  entire  time  to  the  discharge  of  their 
duties."' 

This  recommendation  was  supported  by  Charles  A.  Clark  of 
Cedar  Rapids  in  a  long  paper  read  at  the  tenth  annual  meeting 
of  the  Iowa  State  Bar  Association.***.  In  this  paper,  Mr.  Clark 
'^anticipated  in  a  striking  way  and  to  a  remarkably  complete 
extent  the  objections  to  the  old  charters  and  the  grounds  for 
expecting  better  results  from  the  new. '  '"^  The  recommendation 
was  adopted  by  the  association  at  the  conclusion  of  the  reading 
of  the  paper. 

Since  the  fight  conducted  in  Des  Moines  by  the  former  mayor, 
John  MacVicar,  for  the  public  ownership  of  public  utilities,  the 


THE  DES  MOINES  PLAN  79 

civic  conscience  had  been  greatly  aroused  and  the  people 
educated.  The  way  was  prepared  for  the  inauguration  of  a 
movement  to  rescue  Des  Moines  from  the  spoilers.  The  adoption 
of  the  above-mentioned  recommendation  by  the  Iowa  State  Bar 
Association  was  simply  one  of  the  many  signs  of  the  growing 
demand  for  the  reforming  and  re-organizing  of  municipal 
government  in  harmony  with  the  business  principles  of  efficiency 
and  economy,  and  for  a  more  effective  popular  control  of  the 
organs  of  government. 

For  a  number  of  years  Mr.  James  G.  Berryhill  while  visiting 
in  the  city  of  Galveston  on  private  business  had  been  greatly 
impressed  with  the  plan  and  the  remarkable  accoraplisliments  of 
the  commission  form  of  government.  In  the  early  fall  of  1905, 
when  another  trip  to  Galveston  was  contemplated,  he  was  re- 
quested by  Mr.  Harvey  Ingham,  editor  of  The  Register  and 
Leader,  to  gather  as  much  data  as  could  be  secured  on  the  Gal- 
veston plan  and  to  present  the  same  to  the  citizens  of  Des 
Moines  on  his  return.  Accordingly,  Mr.  Berryhill  was  invited 
on  November  17,  1905,  to  make  a  public  report  on  the  Galveston 
plan  of  government  at  a  meeting  called  by  the  Commercial  Club 
of  Des  Moines  and  held  in  the  Y.  M.  C.  A.  auditorium.^*''  The 
meeting  developed  a  very  marked  interest  on  the  part  of  the 
leading  business  men  of  the  city,  and  "his  earnest  appeal  for  ear- 
ly but  deliberate  action  aroused  an  interest  and  enthusiasm  among 
his  auditors  auguring  well  for  the  movement  then  and  there  form- 
ally inaugurated  and,  in  a  preliminary  way,  organized. '  '^^^  Com- 
mittees were  appointed  and  a  bill,  containing  many  of  the 
provisions  of  the  Galveston  charter  and  also  some  new  features, 
was  prepared  for  submission  to  the  General  Assembly  of  Iowa 
then  (1906)  in  session.  But  when  the  bill  was  presented  by  the 
Des  Moines  committee  to  a  joint  meeting  of  the  committees  on 
cities  and  towns  of  the  Senate  and  House  of  the  Thirty-first 
General  Assembly  it  failed  to  secure  the  support  of  the  com- 
mittees.*** 

' '  But  the  reform  movement  did  not  die  with  the  bill.  Indeed, 
it  now  became  a  part  of  the  'boosting'  program  of  the  Greater 
Des  Moines  Committee."***  During  the  summer  of  1906  the 
movement  developed  new  force.     The    agitation    was    greatly 


80  COMIMISSION  AND  MANAGER  PLANS 

furthered  by  Mr.  Harvey  Ingham,  Mr.  Lafayette  Young,  and 
Mr.  "Wm.  G.  Hale  through  the  columns  of  matter  which  appeared 
on  the  editorial  pages  of  their  respective  papers,  The  Register 
and  Leader,  The  Des  Homes  Capital,  and  The  Des  Moines 
News.^^^ 

At  the  same  time,  it  is  said  that  Governor  Cummins,  though 
leading  the  progressive  forces  of  the  State  along  reform  lines, 
seemed  disposed  to  side  in  with  the  old  machine  rather  than  to 
jeopardize  his  political  future.  He  favored  a  plan  of  govern- 
ment known  as  the  Indianapolis  plan.^^^ 

The  Indianapolis  charter,  adopted  only  a  short  time  previous, 
had  the  characteristic  features  of  the  concentration  of  large 
powers  in  the  hands  of  the  mayor,  the  election  of  the  councilmen 
at  large,  and  the  abolition  of  the  old  council  committee  system. 
This  plan,  which  was  freely  discussed  in  the  press,  had  a  num- 
ber of  advocates.  A  committee  was  sent  to  Indianapolis  to  make 
a  careful  investigation  of  the  plan,  and  the  report  made  by  that 
committee  was  very  favorable.^^^  In  order  to  ascertain  the  state 
of  public  sentiment  a  newspaper  ballot  was  taken  by  both  The 
Register  and  Leader  and  The  Des  Moines  Capital.  The  refer- 
enda taken  by  these  papers  showed  a  majority  favoring  the  Gal- 
veston plan.^^'' 

In  the  meantime,  a  suggestion  was  made  that  a  joint  discussion 
be  held  in  some  public  place  between  the  advocates  of  the  two 
plans:  Mr.  Berryhill  for  the  Galveston  plan  and  Mr.  W.  H. 
Baily  for  the  Indianapolis  plan;  that  a  vote  on  the  questfbn  be 
taken  after  its  conclusion;  and  that  those  participating  in  the 
affair  bind  themselves  to  support  the  decision  of  the  judges.^^* 
This  suggestion  having  met  with  favor,  a  joint  discussion  was 
arranged  by  the  Commercial  Club  of  Des  Moines  to  be  held  at 
the  Shrine  Temple  on  January  31,  1907.  A  committee  of  three 
hundred  was  named  by  the  president  of  the  Commercial  Club  to 
act  as  a  jury  on  the  debate. ^^^  The  meeting  was  an  enthusiastic 
one.  While  not  all  the  members  of  the  committee  of  three 
hundred  were  present,  the  Shrine  Temple  was  well  filled  with 
citizens  interested  in  the  adoption  of  some  form  of  reform  gov- 
ernment. 


THE  DES  MOINES  PLAN  81 

The  Galveston  plan,  with  modifications  discussed  at  the 
meeting,  won  the  decision  by  a  decisive  majority  f'*'^  and  the 
minority,  in  entire  good  faith,  accepted  the  decision  and  joined 
the  majority  in  working  out  v>^hat  was  henceforth  known  as  the 
"Des  Moines  Plan"  of  city  government.  The  result  of  the 
meeting  was  significant.  The  disinterested  spectator  was  in- 
formed not  only  that  there  was  a  great  demand  in  Des  Moines 
for  a  change  in  the  form  of  administration,  but  was  also  con- 
vinced as  to  the  popularity  of  the  Galveston  plan. 

At  the  public  meeting  a  charter  committee,  consisting  of 
James  G.  Berryhill,  W.  H.  Baily,  I.  M.  Earle,  John  Read,  and 
S.  B.  Allen,  was  appointed  by  the  chairman  to  frame  a  new 
charter  to  be  submitted  to  the  Polk  County  representatives  in 
the  Thirty-second  General  Assembly  with  instructions  to  urge 
its  passage. ^•'^  The  bill  which  had  been  killed  in  the  committees 
of  the  Thirty-first  General  Assembly  was  taken  as  a  basis  for 
the  new  bill.  But  several  important  features — such  as  the  refer- 
endum, the  initiative,  and  provisions  aimed  to  prevent  the 
formation  of  a  machine — were  added.  The  bill  thus  prepared 
was  submitted  to  the  Thirty-second  General  Assembly,  became 
a  law  on  March  29th,  and  went  into  effect  on  April  1,  1907. 

"Thus  after  nearly  two  years  of  active  agitation  and  inten- 
sive discussion  commission  government  was  established  in  Iowa. 
The  successful  outcome  of  the  agitation  was  due  partly  to  the 
reform  spirit  of  the  times,  partly  to  the  cumulative  efforts  of  a 
group  of  Des  Moines  citizens  who  had  for  years  worked 
courageously  for  better  city  government,  and  partly  to  the  en- 
thusiasm of  men  like  Mr.  Berryhill  and  Mr.  Ingham,  who 
espoused  the  cause  of  commission  government  as  a  business 
proposition  and  a  means  of  municipal  salvation.  "^^^ 

The  act  of  the  Thirty-second  General  Assembly  establishing 
the  commission  form  of  government  appears  as  chapter  forty- 
eight  of  the  Laws  of  Iowa,  1907,  under  the  title  of  "Act  to  pro- 
vide for  the  government  of  certain  cities,  and  the  adoption 
thereof  by  special  election".  It  is  also  found  in  the  Supple- 
ment to  the  Code  of  Iowa,  1907,  under  Title  V,  Chapter  14-c. 
The  Des  Moines  plan,  however,  contains  nothing  but  "appro- 
priations and  adaptations  from  the  charters  and   experiences 


82  COMMISSION  AND  MANAGER  PLANS 

of  other  cities  and  jurisdictions.  "^^^  It  is  a  combination  of  old 
and  new  ideas,  some  taken  from  Washington,  Galveston,  and 
Los  Angeles,  and  some  from  Switzerland  and  New  Zealand,  but 
all  made  subsidiary  to  direct  government  by  the  people.  It  grew 
out  of  the  celebrated  Galveston  scheme  by  commission,  but  it 
grafted  on  the  bureaucratic  plan  the  new  institutional  forms  of 
democracy  like  the  initiative,  the  protest,  the  referendum,  the 
recall,  and  the  merit  system.  It  is  this  ''combination  of  prin- 
ciples and  institutions  and  their  adaptation  to  exigencies  of 
modern  urban  conditions"  that  justifies  the  claim  that  the 
plan  was  ' '  a  new  and  distinct  species  of  city  government, '  '^^* 

The  commission  law  of  Iowa  is  a  general  law,  and  any  city  of 
the  State  having  the  requisite  population  may  avail  itself  of  the 
advantages  of  commission  government.  As  originally  enacted  in 
1907,  the  law  applied  only  to  "any  city  of  the  first  class,  or  with 
special  charter,  now  or  hereafter  having  a  population  of  twenty- 
five  thousand  or  over,  as  shown  by  the  last  preceding  State  cen- 
sus ".^^^  But  it  was  amended^^^  to  apply  to  cities  of  seven 
thousand  population  or  over  in  1909,  and  to  cities  of  two  thou- 
sand populations*^  or  over  in  1913.  Thus,  at  the  present  time, 
all  cities  of  the  first  and  second  classes  are  authorized  to  take  ad- 
vantage of  the  commission  law  at  their  option. 

The  question  of  whether  a  given  city  shall  adopt  the  new  form 
of  government  may  be  put  to  a  vote  in  any  city  having  the 
requisite  two  thousand  population  or  over  when  electors  equal  in 
number  to  twenty-five  percent  of  the  votes  cast  for  all  candidates 
for  mayor  at  the  last  preceding  election  petition  to  that  effect. 
"When  the  petition  has  the  required  number  of  signers,  it  is  the 
duty  of  the  mayor,  by  proclamation,  to  call  a  special  election 
within  two  months  after  the  filing  of  the  petition.  At  the 
election  a  majority  of  the  votes  cast  is  all  that  is  necessary  to 
change  the  form  of  government. 

The  next  step  in  the  introduction  of  the  system  is  the  election 
of  the  mayor  and  councilmen,  which  may  take  place  at  the  next 
regular  municipal  election.  But  the  mayor  may  within  ten 
days  after  the  special  election  call,  by  proclamation,  another 
special  election  for  the  choice  of  officers  of  the  new  government, 
if  no  regular  city  election  occurs  within  one  year.    If  the  plan 


THE  DES  MOINES  PLAN  83 

is  not  approved  by  the  people  at  the  special  election,  the  question 
may  not  be  submitted  again  within  two  years  thereafter.^^^ 

Cities  adopting  the  plan  are  governed  primarily  by  a  council, 
which  is  to  take  over  and  distribute  among  the  departments  all 
the  powers  and  duties  formerly  held  and  performed  by  the 
mayor,  city  council,  board  of  public  works,  park  commissioners, 
board  of  police  and  fire  commissioners,  board  of  waterworks 
trustees,  board  of  library  trustees,  solicitor,  assessor,  treasurer, 
auditor,  city  engineer,  and  other  boards  and  offieers.^*^  The 
council  consists  of  a  mayor  and  four  eouncilmen  in  cities  of 
25,000  population  or  over,  and  a  mayor  and  two  eouncilmen  in 
cities  having  a  population  between  2000  and  25,000.  The  mayor 
and  eouncilmen  are  elected  for  a  term  of  two  years,  and  va- 
cancies are  filled  by  appointment  by  the  remaining  members. 
Candidates  for  offices  are  nominated  and  elected  at  large, 
through  the  process  of  a  non-partisan  double  election.  The 
primary  election  for  the  nomination  of  the  mayor  and  council- 
men  is  held  on  the  second  Monday  preceding  the  general  elec- 
tion; and  only  those  who  are  selected  at  the  primary  may  be 
candidates  at  the  general  election.  The  method  and  procedure 
in  the  primary  are  the  same  as  in  the  general  election.^*" 

At  the  primary  any  person  may  become  a  candidate  for  mayor 
or  councilman  by  filing  with  the  clerk,  at  least  ten  days  before 
the  date  of  the  election,  a  statement  of  such  candidacy  accom- 
panied by  a  petition  of  at  least  twenty-five  qualified  voters. 
Upon  the  expiration  of  the  time  of  filing  the  statements  and  peti- 
tions for  candidates,  it  is  the  duty  of  the  city  clerk  to  publish 
in  the  daily  newspapers  of  the  city  "the  names  of  the  persons 
as  they  are  to  appear  upon  the  primary  ballot".  On  the  ballot 
the  names  of  candidates  for  mayor  and  eouncilmen  are  arranged 
alphabetically,  and  the  qualified  voters  may  vote  for  only  one 
of  the  candidates  for  mayor  and  for  four  or  two  of  the  candidates 
for  eouncilmen,  as  the  case  may  be.  The  ballot  is  printed  upon 
plain  and  substantial  white  paper,  and  contains  "no  party 
designation  or  mark  whatever".  At  the  second  election  only  the 
two  candidates  receiving  the  highest  number  of  votes  for  mayor, 
and  only  the  eight  or  four  (as  the  case  may  be)  receiving  the 
highest  number  of  votes  for  eouncilmen  at  the  primary  may  be 


84  COMMISSION  AND  MANAGER  PLANS 

candidates  for  mayor  and  councilmen.  The  candidates  receiving 
the  greatest  number  of  votes  in  the  second  election  are  declared  to 
be  elected  as  mayor  and  councilmen.^" 

In  connection  with  elections  under  the  commission  plan,  pro- 
vision is  made  in  the  statute  for  the  protection  of  the  purity 
of  the  ballot  and  for  the  prevention  of  the  various  illegal  and 
corrupt  practices  which  are  unusually  common  in  this  country. 
Persons  agreeing  to  render  services  to  the  candidates  in  con- 
sideration of  money  or  other  reward  are  to  be  punished  by  a 
fine  not  exceeding  three  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  exceeding  thirty  days ;  and  persons  giving 
or  receiving  bribes  at  the  elections,  or  attempting  illegal  voting 
are  deemed  "guilty  of  a  misdemeanor  and  upon  conviction 
shall  be  fined  a  sum  not  less  than  one  hundred  dollars  ($100.00), 
nor  more  than  five  hundred  dollars  ($500.00),  and  be  imprisoned 
in  the  county  jail  not  less  than  ten  (10),  nor  more  than  ninety 
(90)  days.""*  Moreover,  "every  elective  officer  in  any  such 
city  shall,  within  thirty  days  after  qualifying,  file  with  the  city 
clerk,  and  publish  at  least  once  in  a  daily  newspaper  of  general 
circulation,  his  sworn  statement  of  all  his  election  and  cam- 
paign expenses,  and  by  whom  such  funds  were  contributed.""* 

When  the  question  of  adopting  the  commission  form  of  gov- 
ernment has  been  decided  at  the  special  election  and  when  the 
mayor  and  councilmen  have  been  duly  elected,  the  government 
of  the  city  under  the  new  plan  is  ' '  really  a  very  simple  affair.  It 
is  not  only  simple  but  direct.  It  organized  the  city  as  a  unit, 
making  it  possible  for  the  people  at  all  times  to  act  'together 
along  simple  and  direct  lines'.""* 

The  mayor  and  the  councilmen  are  the  only  elective  officers 
under  the  Des  Moines  plan.  They  constitute  the  council  which 
possesses  and  exercises  "all  executive,  legislative  and  judicial 
powers  and  duties  now  had,  possessed  and  exercised  by  the 
mayor,  city  council,  solicitor,  assessor,  treasurer,  auditor,  city 
engineer  and  other  executive  and  administrative  officers  in 
cities  of  the  first  and  second  class,  and  in  cities  under  special 
charter,  and  shall  also  possess  and  exercise  all  executive,  legis- 
lative and  judicial  powers  and  duties  now  had  and  exercised  by 
the  board  of  public  works,  park  commissioners,  the  board  of  po- 
lice and  fire  commissioners,  board  of  waterworks  trustees,  and 


THE  DES  MOINES  PLAN  85 

board  of  library  trustees  in  all  cities  wherein  a  board  of  public 
works,  park  commissioners,  board  of  police  and  fire  commis- 
sioners, board  of  waterworks  trustees,  and  board  of  library- 
trustees  in  all  cities  wherein  ....  [such  boards  and  trustees] 
now  exist  or  may  be  hereafter  created. '  '^^^ 

The  council,  by  a  majority  vote,  elects  the  more  important 
officers  and  employees  of  the  city,  including  a  city  clerk,  solici- 
tor, assessor,  treasurer,  auditor,  civil  engineer,  city  physician, 
marshal,  market  master,  street  commissioner,  three  library 
trustees,  and  "such  other  officers  and  assistants  as  shall  be  pro- 
vided for  by  ordinance  and  necessary  to  the  proper  and  efficient 
conduct  of  the  affairs  of  the  city".^^^  The  council  may  also  at 
any  time  by  a  majority  vote  remove  officers  and  assistants  so 
appointed,^^''  and  from  time  to  time  "create,  fill  and  discontinue 
offices  and  employments  other  than  herein  prescribed,  according 
to  their  judgment  of  the  needs  of  the  city ;  and  may  by  majority 
vote  of  all  the  members  remove  any  such  officer  or  employe, 
except  as  otherwise  provided  for  in  this  act;  and  may  by  reso- 
lution or  otherwise  prescribe,  limit  or  change  the  compensa 
tion  of  such  officers  or  employes.  "^^^ 

The  executive  and  administrative  powers  and  duties  of  the 
city  are  distributed  among  five  departments  designated  as  the 
"Department  of  Public  Affairs",  the  "Department  of  Accounts 
and  Finances",  the  "Department  of  Public  Safety",  the  "De- 
partment of  Streets  and  Public  Improvements",  and  the  "De- 
partment of  Parks  and  Public  Property".  Moreover,  "the 
council  shall  determine  the  powers  and  duties  to  be  performed 
by,  and  assign  them  to  the  appropriate  department;  shall  pre- 
scribe the  powers  and  duties  of  officers  and  employees;  may 
assign  particular  officers  and  employees  to  one  or  more  of  the 
departments;  may  require  an  officer  or  employe  to  perform 
duties  in  one  or  more  departments,  and  may  make  such  other 
rules  and  regulations  as  may  be  necessary  or  proper  for  the 
efficient  and  economical  conduct  of  the  business  of  the  city."**' 

The  Des  Moines  plan  "follows  the  Galveston  plan  in  making 
the  commision  as  a  whole  and  not  the  mayor  responsible  for  the 
city  government,  and  the  Houston  plan  in  making  the  commis- 
sioners actual  superintendents  instead  of  mere  directors  of  their 


86  COMMISSION  AND  MANAGER  PLANS 

departments.  "^^'^  The  eonmiissioners  under  the  Des  Moines 
plan,  except  the  mayor,  are  not  elected  directly  to  the  depart- 
ments of  which  they  take  charge.  They  are  simply  elected  as 
members  of  the  council,  and  it  is  the  duty  of  the  council  to 
assign  by  a  majority  vote  at  its  first  regular  meeting,  each  of  its 
members  to  be  the  head  of  a  department,  except  the  mayor,  who 
by  virtue  of  his  office,  is  always  superintendent  of  the  depart- 
ment of  public  affairs.  In  cities  of  less  than  25,000  population, 
where  there  are  two  instead  of  four  councilmen,  each  is  assigned 
to  two  of  the  four  departments.  Such  designation,  however, 
need  not  be  permanent,  but  may  "be  changed  whenever  it 
appears  that  public  service  would  be  benefitted  thereby.  "*^^ 
Thus,  each  member  of  the  council  is  put  in  charge  of  some 
definite  activity.  He  exercises  administrative  control  over  his 
particular  department  or  departments,  for  the  success  or  failure 
of  which  he  is  held  responsible  directly  to  the  council  and  to  a 
certain  extent  to  the  electorate.  In  the  place  of  numerous 
council  committees,  as  under  the  old  plan,  there  are  now  under 
the  Des  Moines  plan  five  committees,  each  consisting  of  one 
person  who  is  the  definite,  responsible  head  of  the  department 
or  departments  allotted  to  him. 

The  council  meets  in  regular  session  at  least  once  in  every 
month,  and  special  meetings  may  be  called  from  time  to  time  by 
the  mayor  or  two  councilmen.-^^  ' '  In  cities  having  four  council- 
men  three  members  of  the  council  shall  constitute  a  quorum,  and 
in  cities  having  two  councilmen,  two  members  of  the  council 
shall  constitute  a  quorum,  and  in  cities  having  four  councilmen 
the  affirmative  vote  of  three  members,  and  in  cities  having  two 
councilmen  the  affirmative  vote  of  two  members  shall  be  neces- 
sary to  adopt  any  motion,  resolution  or  ordinance,  or  pass  any 
measure  unless  a  greater  number  is  provided  for  in  this  act.  "**^ 
Every  motion,  resolution,  or  ordinance,  must  be  reduced  to 
writing  before  being  voted  upon,  and  upon  every  vote  the  yeaa 
and  nays  must  be  called  and  recorded.^** 

The  mayor  is  the  president  of  the  council  and  presides  at  all 
its  meetings,  and  he  ' '  shall  supervise  all  departments  and  report 
to  the  council  for  its  action  all  matters  requiring  attention  in 
either. ' '    He  signs  every  resolution  and  ordinance  passed  by  the 


THE  DES  MOINES  PLAN  87 

council,  but  has  no  veto  power.  The  superintendent  of  the  de- 
partment of  accounts  and  finances  is  the  vice-president  of  the 
council,  and  "in  case  of  vacancy  in  the  office  of  mayor,  or  the 
absence  or  inability  of  the  mayor,  shall  perform  the  duties  of 
mayor. '  ''^* 

The  mayor  and  councilmen  receive  salaries  in  accordance  with 
the  population  of  the  city.  In  cities  having  a  population  of  less 
than  25,000,  the  mayor's  salary  is  "not  to  exceed  the  sum  of  one 
hundred  and  fifty  dollars  ($150.00)  per  annum  for  each  one 
thousand  (1,000)  of  population,  or  major  portion  thereof,  in 
such  city,  and  for  each  councilman  in  said  city,  not  to  exceed  the 
sum  of  one  hundred  and  twenty  dollars  ($120.00)  per  annum 
for  each  one  thousand  population,  or  major  portion  thereof"; 
but  in  no  such  city  shall  the  mayor  receive  more  than  the  sum 
of  $2,500  per  annum,  nor  shall  the  councilmen 's  annual  salary 
be  greater  than  $2,000.  In  cities  having  a  population  between 
25,000  and  40,000,  the  mayor's  annual  salary  shall  be  $2,500,  and 
each  councilman's  salary  $1,800.  In  cities  having  a  population 
between  40,000  and  60,000  the  mayor's  salary  shall  be  $3,000, 
and  each  councilman's  salary  $2,500.  Finally,  in  cities  having 
a  population  of  60,000  or  more  the  mayor's  annual  salary  shall 
be  $3,500  and  each  councilman's  salary  $3,000.««« 

Such,  in  brief,  is  the  form  of  government  as  provided  in  the 
Des  Moines  plan.  In  this  plan  ' '  authority  and  responsibility  are 
drawn  together,  unified,  and  consolidated  in  the  hands  of  a 
very  few  officers — the  members  of  the  council."®^''  The  old 
theory  of  the  separation  of  powers,  so  familiar  to  every  studenV 
of  American  politics,  is  completely  ignored,  and  in  its  place  the 
business  principle  is  substituted.  Nor  is  any  provision  for 
checks  and  balances  to  be  found  within  the  organization  itself. 
All  these  political  devices  which  have  been  so  long  associated 
with  democracy  are  abandoned.  To  insure  the  responsibility  of 
the  commissioners  and  to  provide  for  the  popular  control  of  the 
officers,  the  newer  forms  of  institutional  democracy  are  utilized 
in  the  Des  Moines  plan.  "Indeed,  the  thorough-going  democ- 
racy of  the  Des  Moines  Plan  is  clearly  seen  in  the  institutional 
forms  of  popular  government  which  determine  the  relation 
between  the  members  of  the  council  and  the  electorate. '  ''^® 


88  COMMISSION  AND  MANAGER  PLANS 

Under  the  old  regime,  the  city  of  Des  Moines  suffered  greatly 
from  the  evil  consequences  arising  from  the  profitable  relations 
existing  between  the  city  officials  and  the  public  service  corpor- 
ations and  the  alliance  between  the  machine  politicians  and  the 
privilege-seeking  interests.  The  people  are  weU  aware  of  the 
secrecy  that  has  surrounded  the  granting  of  franchises  in  the 
past,  and  of  the  enormous  amounts  of  money  that  have  been 
made  by  some  corrupt  councilmen  or  other  city  officials  through 
this  power  of  franchise-granting.  One  of  the  aims  of  the  Des 
Moines  plan  is  to  get  rid  of  these  evils. 

Thus,  in  the  Iowa  law  numerous  provisions  are  made  regard- 
ing the  relations  of  the  city  officials  and  corporations  and  the 
granting  of  franchises.  Officers  and  employees  are  prohibited 
from  being  interested  ' '  directly  or  indirectly,  in  any  contract  or 
job  for  work  or  materials,  or  the  profits  thereof,  or  services  to 
be  furnished  or  performed  for  the  city ' ',  nor  are  they  permitted 
to  have  any  interest  "directly  or  indirectly,  in  any  contract  or 
job  for  work  or  materials,  or  the  profits  thereof,  or  services  to 
be  furnished  or  performed  for  any  person,  firm  or  corporation 
operating  interurban  railway,  street  railway,  gas  works,  water- 
works, electric  light  or  power  plant,  heating  plant,  telegraph 
line,  telephone  exchange,  or  other  public  utility  within  the 
territorial  limits  of  the  said  city."  Furthermore,  no  officer  or 
employee  is  permitted  to  accept  or  receive  from  such  corpora- 
tions "any  other  service  upon  terms  more  favorable  than  is 
granted  to  the  public  generally."  But  free  transportation  of 
policemen  and  firemen  in  uniform  is  excepted. ^^* 

"Every  ordinance  or  resolution  appropriating  money  or  or- 
dering any  street  improvement  or  sewer,  or  making  or  authoriz- 
ing the  making  of  any  contract,  or  granting  any  franchise  or 
right  to  occupy  or  use  the  streets,  highways,  bridges  or  public 
places"  must  remain  on  file  with  the  city  clerk  for  public  inspec- 
tion at  least  one  week  before  its  final  passage  or  adoption.  All 
franchises  or  grants  for  public  utilities  must  be  authorized  or 
approved  by  a  majority  of  the  electors  voting  thereon  at  a 
general  or  special  election.  The  question  of  granting,  renewing 
or  extending  such  franchises  may  be  submitted  by  the  council 
to  a  vote  at  a  general  or  special  election,  or  by  the  mayor  if 


THE  DES  MOINES  PLAN  89 

petitioned  so  to  do  by  twenty-five  property  owners  of  each  ward 
in  a  city,  or  fifty  property  owners  in  any  incorporated  town. 
Notice  of  the  election  must  be  published  in  two  newspapers  of 
the  city  once  each  week  for  at  least  four  consecutive  weeks. 
All  the  expenses  incurred  in  holding  such  elections  are  to  be 
paid  by  the  party  applying  for  the  franchise  or  for  a  renewal  or 
extension  thereof.®'''' 

Not  only  on  the  granting  of  franchises  do  the  people  have  a 
veto,  but  they  also  have  a  voice  through  the  institution  of  the 
protest  on  every  ordinance  passed  by  the  council.  No  ordinance 
passed  by  the  council  (except  when  otherwise  required  by  gen- 
eral law  or  in  case  of  urgency)  ''shall  go  into  effect  before  ten 
days  from  the  time  of  its  final  passage ' ',  and  if  a  petition  signed 
by  "electors  of  the  city  equal  in  number  to  at  least  twenty-five 
per  centum  of  the  entire  vote  cast  for  all  candidates  for  mayor  at 
the  last  preceding  general  municipal  election ' ',  protesting 
against  the  passage  of  such  ordinance  is  presented  to  the  council, 
the  council  must  reconsider  the  measure.  If  the  reconsideration 
of  the  measure  by  the  council  does  not  result  in  the  complete 
repeal  of  the  same,  the  council  must  submit  the  ordinance  to  a 
vote  of  the  electors  of  the  city,  either  at  the  general  election  or 
at  a  special  municipal  election  called  for  that  purpose.  The 
ordinance  can  become  operative  only  in  case  ' '  a  majority  of  the 
qualified  electors  voting  on  the  same  shall  vote  in  favor 
thereof"."^ 

The  referendum  and  the  protest  are  means  by  which  the 
people  are  enabled  to  reject  undesirable  legislation.  "They  are 
after  all  only  the  negative  instruments  of  democracy:  they  can 
prevent  unwise  or  unpopular  measures,  but  they  can  not 
absolutely  compel  the  adoption  of  desired  acts."®''®  In  order 
to  accomplish  the  latter  purpose,  that  is,  to  enable  the  voters  to 
propose  the  enactment  of  desirable  legislation,  provisions  are 
made  in  the  commission  law  of  Iowa  for  the  institution  of  the 
popular  initiative.  Thus,  in  the  commission-governed  cities  of 
Iowa,  if  the  council  refuses  to  pass  the  needed  legislation,  the 
people  may  take  the  initiative  and  compel  the  consideration 
and  passage  of  the  desired  measures.  Any  proposed  ordinance 
may  be  submitted  to  the  council  by  petition  signed  by  the  elec- 


90  COMMISSION  AND  MANAGER  PLANS 

tors  of  the  city  "equal  in  number  to  twenty-five  per  centum 
of  the  votes  cast  for  all  candidates  for  mayor  at  the  last  preced- 
ing general  election",  and  requesting  that  "the  said  ordinance 
be  submitted  to  a  vote  of  the  people  if  not  passed  by  the 
council".  Under  such  circumstances,  the  council  must  either 
pass  the  ordinance  without  alteration  within  twenty  days  or 
put  the  question  to  a  vote  at  a  special  election,  unless  a  general 
municipal  election  is  fixed  within  ninety  days  thereafter.  If 
more  than  ten  but  less  than  twenty-five  percent  of  the  electors 
petition  for  the  enactment  of  an  ordinance,  it  must  be  either 
passed  or  submitted  to  a  vote  of  the  people  at  the  next  general 
city  election.  "If  a  majority  of  the  qualified  electors  voting  on 
the  proposed  ordinance  shall  vote  in  favor  thereof,  such 
ordinance  shall  thereupon  become  a  valid  and  binding  ordinance 
of  the  city;  and  any  ordinance  proposed  by  petition,  or  which 
shaU  be  adopted  by  a  vote  of  the  people,  cannot  be  repealed  or 
amended  except  by  a  vote  of  the  people. '  '^'^ 

In  the  Des  Moines  plan  ways  and  means  have  been  provided 
for  the  possible  removal  of  the  elective  officers  before  the  ex- 
piration of  the  terms  for  which  they  are  elected.  Here,  the  Los 
Angeles  recall  system  is  incorporated.  It  is  specifically  pro- 
vided in  the  statute  that  "the  holder  of  any  elective  office  may 
be  removed  at  any  time  by  the  electors  qualified  to  vote  for  a 
successor  of  such  incumbent."  The  recall  petition  must  be 
signed  by  electors  "equal  in  number  to  at  least  twenty-five  per 
centum  of  the  entire  vote  for  all  candidates  for  the  office  of 
mayor  cast  at  the  last  preceding  general  municipal  election", 
must  demand  "an  election  of  a  successor  of  the  person  sought 
to  be  removed",  and  must  also  contain  "a  general  statement  of 
the  grounds  for  which  the  removal  is  sought".  The  petition  is 
to  be  filed  with  the  city  clerk,  who  is  required  to  examine  it 
carefully,  and  to  ascertain  from  the  voters'  register  whether  or 
not  it  is  signed  by  the  requisite  number  of  qualified  voters. 

In  case  the  petition  is  deemed  to  be  sufficient,  it  is  the  duty 
of  the  city  clerk  to  transmit  it  to  the  council,  which  shall  order 
and  fix  a  date  for  holding  the  election,  ' '  not  less  than  thirty  days 
or  more  than  forty  days  from  the  date  of  the  clerk's  certificate". 
The  recall  election  is  conducted  "in  all  respects  as  are  other  city 


THE  DES  MOINES  PLAN  91 

elections."  At  the  election,  "any  person  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself,  and  unless  he 
requests  otherwise  in  writing,  the  clerk  shall  place  his 
name  on  the  official  ballot  without  nomination.  "^''^  Nomin- 
ation of  other  candidates  may  be  made  without  the  in- 
tervention of  a  primary  election,  by  filing  with  the  clerk 
"a  statement  of  candidacy  accompanied  by  a  petition 
signed  by  electors  entitled  to  vote  at  said  special  election  equeJ 
in  number  to  at  least  ten  per  centum  of  the  entire  vote  for  all 
candidates  for  the  office  of  mayor  at  the  last  preceding  general 
municipal  election".^"  The  candidate  receiving  the  highest 
number  of  votes  in  the  election  is  declared  to  be  elected  and  to 
hold  the  unexpired  term  of  office.  If  he  happens  to  be  the  in- 
cumbent, he  continues  in  office ;  and  if  not,  the  incumbent  '  *  shall 
thereupon  be  deemed  removed  from  the  office  upon  qualification 
of  ihis  successor."  This  method  of  removal  is  declared  to  be 
**  cumulative  and  additional  to  the  methods  heretofore  provided 
by  law."«76 

Like  the  charters  of  Galveston  and  Houston,  specific  pro- 
visions guaranteeing  publicity  are  also  found  in  the  Iowa  law. 
AH  meetings  of  the  council  "at  which  any  person  not  a  city 
officer  is  admitted,  shall  be  open  to  the  public."*"' 

Each  month  the  council  is  required  to  print  "in  pamphlet 
form  a  detailed  itemized  statement  of  all  receipts  and  expenses 
of  the  city  and  a  summary  of  its  proceedings  during  the  preced- 
ing month".  Copies  must  be  furnished  to  the  libraries  and 
daily  newspapers  of  the  city,  as  well  as  to  any  person  who  makes 
application.  Provision  is  also  made  for  the  annual  "examina- 
tion of  all  the  books  and  accounts  of  the  city  to  be  made  by 
competent  accountants",  and  the  publication  of  such  results.*^* 

A  civil  service  commission  of  three  men  is  provided  for  in  the 
Des  Moines  plan  of  government.  A  thorough-going  merit 
system  is  indeed  indispensable  to  good  government,  and  by  its 
adoption  it  is  hoped  to  assure  the  best  possible  service  for  the 
eity  and  to  substitute  personal  merit  and  ability  for  "political 
pull"  in  the  appointment  of  officials.  The  appointment  of  such 
a  commission  is  compulsory  in  cities  having  a  population  of 
15,000  or  over,  and  optional  in  cities  with  a  population  between 


92  COMMISSION  AND  MANAGER  PLANS 

2,000  and  15,000.  But,  "in  aU  cases  in  which  no  civil  service 
commissioners  are  appointed  by  the  council,  the  council  shall 
have  the  same  powers  and  shall  exercise  and  perform  aU  the 
duties  devolving  upon  such  commissioners".^''* 

The  civil  service  commissioners  are  appointed  for  six  years 
and  are  removable  for  cause  at  any  time  by  a  four-fifths  vote  of 
the  council.  Civil  service  rules,  however,  do  not  apply  to  all 
city  officials.  The  law  exempts  commissioners  of  any  kind 
(laborers  whose  occupation  requires  no  special  skill  or  fitness), 
election  officials,  the  mayor's  secretary,  the  assistant  solicitor, 
and  all  officers  specifically  named  in  section  eight  of  the  law.'^" 
With  these  exemptions,  the  only  important  officers  of  the  city 
subject  to  the  civil  service  rules  are  the  members  of  the  police 
and  fire  departments,  and  the  chief  of  the  fire  department.  In- 
deed, civil  service  regulation  in  the  Des  Moines  plan  is  confined  to 
purely  clerical  assistants  and  employees,  who  constitute  a  small 
proportion  of  the  persons  in  municipal  employment. 

AU  appointive  officers  and  employees  who  are  subject  to  the 
civil  service  rules  are  elected  by  the  council  from  a  list  of  per- 
sons who  have  successfully  passed  the  civil  service  examination 
which  is  held  semi-annually  for  "the  purpose  of  determining 
the  qualifications  of  the  applicants  for  positions".  These  ex- 
aminations are  practical  in  their  character  and  relate  "to  such 
matters  as  wiU  fairly  test  the  fitness  of  the  person  examined  to 
discharge  the  duties  of  the  position  to  which  he  seeks  to  be 
appointed."  Persons  holding  civil  service  positions  may  be 
removed  by  a  majority  vote  of  the  civil  service  commissioners 
for  "misconduct  or  failure  to  properly  perform  their  duties 
under  such  rules  or  regulations  as  may  be  adopted  by  the  coun- 
cil." Moreover,  the  chief  of  the  police  and  of  the  fire  depart- 
ment, and  any  superintendent  or  foreman  in  charge  of  municipal 
work  may  "peremptorily  suspend  or  discharge  any  subordinate 
then  under  his  direction  for  neglect  of  duty,  disobedience  of 
orders  or  misconduct".  But  in  the  case  of  removal  or  sus- 
pension from  office,  ample  provisions  are  made  in  the  law  for 
appeals  and  hearings.^^^ 

Finally,  provision  is  made  for  the  steps  necessary  to  return  to 
the  former  plan  of  government  if  in  the  opinion  of  the  voters 
the  commission  form  proves  a  failure.     "Any  city  which  shaU 


THE  DES  MOINES  PLAN  93 

have  operated  for  more  than  six  years  iinder  the  provisions  of 
this  act  may  abandon  such  organization  hereunder,  and  accept 
the  provisions  of  the  general  law  of  the  state  then  applicable 
to  cities  of  its  population,  or  if  now  organized  under  special 
charter  may  resume  said  charter"  hy  a  majority  vote  cast  at  a 
special  election  called  for  that  purpose.  Such  a  special  election 
may  be  called  upon  the  petition  of  not  less  than  twenty-five  per- 
cent of  the  electors  of  the  city.  When  the  question  of  abandon- 
ing the  commission  form  has  been  decided  in  the  affirmative,  and 
the  officers  prescribed  by  the  general  laws  of  the  State  for  cities 
of  like  population  have  been  elected  at  the  biennial  municipal 
election,  the  city  then  becomes  again  a  city  under  the  general 
law.  But  such  a  change  is  simply  a  change  in  its  form  of  govern- 
ment, and  is  not  in  any  way  intended  to  affect  ''the  property, 
rights  or  liabilities  of  any  nature  of  such  city".***  Thus,  the 
cycle  of  the  law  is  completed:  it  begins  by  introducing  a  new 
form  of  government,  provided  for  its  workings,  and  ends  in 
provisions  by  which  it  may  be  abandoned  for  the  former  plan 
if  it  proves  unsatisfactory. 

The  city  of  Des  Moines,  for  the  specific  needs  of  which  the 
law  was  primarily  framed,  could  not  of  course  take  advantage  of 
the  act  without  passing  through  the  ordeal  of  a  special  election. 
At  this  special  election  the  politicians  and  other  interests  were 
not  unrepresented.  It  was  a  serious  matter  for  them.  As  the 
first  thing  needed  in  the  campaign  was  publicity  and  as  every 
paper  of  the  city  was  on  the  side  of  the  reformers,  a  new  paper, 
known  as  the  Tribune  was  launched,  and  a  vigorous  campaign 
against  the  reformers  begun.  This  paper  was  sent  to  every 
home  in  the  city  during  the  fight.  The  saloon  interests,  the 
politicians,  and  the  gamblers  were  nearly  a  unit  in  urging  the 
electorate  to  vote  no.  "The  union  labor  voters  were  assured 
that  the  scheme  was  a  device  of  their  natural  enemies,  the  em- 
ployers. The  foreign  voters  were  simply  told  that  the  new 
scheme  was  a  return  to  the  monarchy  they  had  just  escaped  from 
in  Europe.  The  negroes  were  reminded  of  the  origin  of  the 
new  form  of  government."**-^ 

Before  election,  the  startling  discovery  was  made  that  the 
registration  books  under  the  management  of  the   "City  Hall 


<H 


\ 


94  COMMISSION  AND  MANAGER  PLANS 

Gang"  had  been  padded  with  thousands  of  names  having  no 
right  to  vote.  "The  grave  yards  had  been  searched  for  names 
which  repeaters  could  give  in  precincts  where  the  ring  was  aU- 
powerf ul. '  '^«*  But  all  these  tactics  were  of  no  avail,  for  a  peti- 
tion for  a  restrictive  and  mandatory  injunction  was  filed,  asking 
the  court  to  direct  the  registrars  of  elections  to  correct  their 
books  and  to  cut  out  the  bogus  names.  Accordingly,  a  revision 
of  the  registration  list  was  ordered  by  the  court,  and  in  this 
Revision  it  was  reported  that  about  seven  thousand  names  were 
stricken  from  the  list.^s^  On  June  20,  1907,  the  voters  of  Des 
Moines  adopted  the  new  plan  by  a  vote  of  6376  to  4087.28« 

Having  failed  in  their  attempts  to  corrupt  and  deceive  the 
electorate  and  to  carry  the  election  by  recourse  to  the  grave 
yards,  the  reactionaries  made  a  last  attempt  to  defy  the  will  of 
the  people  of  the  State  and  the  city  by  resorting  to  the  court  in 
the  hope  that  the  latter  would  nullify  the  law  passed  by  the 
legislature  and  ratified  by  the  city.  On  October  10,  1907, 
injunction  proceedings  to  test  the  constitutionality  of  the  Des 
Moines  plan  were  begun  in  the  District  Court  of  Polk  County. 
It  was  the  intention  of  the  taxpayers  bringing  the  suit  to  raise 
every  objection  to  the  law  and  plan  that  had  been  suggested 
by  its  opponents.  Every  provision  of  the  law  which  its  oppon- 
ents had  declared  vulnerable  was  attacked :  six  points  were  urged 
in  the  support  of  their  contention.  In  the  first  place,  it  was 
claimed  that  the  law  violated  Article  IV,  Section  4,  of  the  Fed- 
eral Constitution  which  provides  that  the  United  States  shall 
guarantee  to  every  State  in  the  Union  a  republican  form  of 
government.  Secondly,  it  was  contended  that  section  one  of  the 
new  law  violated  Article  III,  Section  30,  of  the  Iowa  Constitution, 
which  prohibits  the  legislature  from  passing  local  or  special  laws 
of  any  character,  it  being  alleged  that  this  law,  applicable  only 
to  a  few  cities  of  the  State,  was  special  and  class  legislation.  In 
four  particulars  it  was  claimed  that  Article  III,  Section  1,  of 
the  Iowa  Constitution  providing  for  the  separation  of  the  gov- 
ernmental powers  was  violated  by  the  provisions  in  the  law 
vesting  all  powers  in  the  council  and  establishing  the  initiative, 
the  referendum,  and  the  recall.^^^ 


THE  DBS  MOINES  PLAN  9& 

The  suit  to  test  the  constitutionality  of  the  law,  however,  was 
very  timely.  It  was  believed  that  at  some  stage  of  the  proceed- 
ings the  new  form  of  government  would  get  into  the  courts.  It 
was  therefore  much  better  to  have  the  test  made  at  that  time 
than  to  have  it  come  just  as  the  city  might  be  engaging  in  an 
expensive  improvement,  or  following  the  assessment  of  prop- 
erty, or  even  after  the  new  officials  had  been  chosen,  to  be  met 
with  a  refusal  of  the  officers  to  vacate. 

On  November  23rd  the  Des  Moines  plan  scored  its  second 
triumph  when  Judge  James  A.  Howe,  of  the  District  Court, 
handed  down  a  decision  holding  the  law  to  be  constitutional  in 
every  important  feature.**^  After  declaring  that  the  provision 
of  the  Federal  Constitution  invoked  in  this  case  was  a  guarantee 
to  the  State  and  did  not  apply  to  a  city;  that  there  was  no 
ground  for  the  claim  that  the  law  was  special  or  class  legislation ; 
that  Article  III,  Section  1,  of  the  State  Constitution  of  Iowa 
related  only  to  the  government  of  the  State  and  did  not  affect 
the  government  of  cities ;  and  after  sustaining  the  new  forms  of 
democratic  institutions  like  the  primary  election,  the  initiative, 
the  referendum,  and  the  recall,  the  court  concluded  its  decision 
in  the  following  words : 

It  is  elementary  that  state  legislative  power  is  plenary,  and  that  he  who 
would  challenge  a  legislative  enactment  must  be  able  to  specify  a  partic- 
ular provision  of  the  Constitution  which  deprives  the  legislature  of  the 
power  to  pass  the  act;  also  that  it  is  the  duty  of  the  court  to  reconcile  the 
statutes  with  the  Constitution  when  it  can  be  done  without  doing  violence 
to  the  language  of  either,  and  in  all  cases  of  doubt  the  doubt  must  be 
resolved  in  favor  of  the  constitutionality  of  the  statutes.  Considering  and 
analyzing  this  act  section  by  section  the  court  is  unable  to  say  that  it  is  in 
conflict  with  the  letter  of  the  Constitution  and  therefore  sustains  the  law. 

The  decision  of  the  District  Court,  when  an  appeal  was  made, 
was  affirmed  by  the  State  Supreme  Court  on  February  18,  1908, 
and  the  constitutionality  of  the  Des  Moines  plan  was  definitely 
settled.««3 

In  Des  Moines  a  primary  election  was  held  in  February  to 
select  candidates  for  the  five  offices;  and  an  election,  at  which 
the  voters  made  a  choice  between  the  candidates  selected  at  the 
primary,  was  held  in  March.  On  April  6,  1908,  the  plan  went 
into  operation  in  Des  Moines.     Since  then,  eight  other  cities  in 


96  COMAIISSION  AND  MANAGER  PLANS 

the  State  have  also  adopted  the  plan.  These  cities  are  Burling- 
ton, Cedar  Rapids,  Fort  Dodge,  Keokuk,  MarshaUtown,  Mason 
City,  Sioux  City,  and  Ottumwa. 


SPREAD  OF  THH:  COMMISSION  PLAN  OF 
CITY  GOVERNMENT 

Probably  there  never  has  been  a  period  of  greater  activity  in 
the  re-organization  of  city  government  and  in  the  re-making  of 
city  charters  than  the  period  following  the  passage  of  the  Iowa 
law  known  as  the  Des  Moines  plan.  The  simplified  organization 
of  city  government  exemplified  in  the  commission  plan  very 
soon  spread  from  the  medium-sized  cities  in  the  Middle  "West  to 
the  cities  of  the  metropolitan  class  in  the  East.  The  movement 
went  from  city  to  city,  and  from  State  to  State;  and  in  a  com- 
paratively short  time  the  commission  plan  was  in  operation  in 
over  four  hundred  cities  in  forty-three  States,  thus  becoming 
nation-wide  in  its  scope.  Such  a  wide  interest  in  the  commission 
form  of  city  government  during  the  past  few  years  has  been  the 
most  conspicuous  development  of  recent  times  in  the  realm  of 
American  municipal  affairs. 

Prior  to  1907,  however^  the  history  of  commission  government 
was  short  and  simple :  only  two  cities  in  one  of  the  southern 
States  were  operating  under  this  novel  plan.  But  the  results  in 
these  two  cities  soon  attracted  the  attention  of  municipal  reform- 
ers and  citizens  in  other  States,  who,  as  sufferers  from  municipal 
ills,  naturally  turned  to  the  remedy  which  had  apparently  cured 
or  benefited  other  cities  similarly  affected.^^"  Visits  to  Galveston 
and  Houston,  the  only  two  cities  up  to  that  time  where  the  plan 
was  in  operation,  were  often  made  by  individuals  or  committees 
of  citizens  in  order  to  investigate  the  actual  operation  of  the 
new  plan ;  and  practically  without  exception  the  visitors  were 
greatly  impressed  with  the  system.^^^ 

Accordingly,  reformers  and  citizens  of  many  graft-burdened 
and  boss-ridden  cities  throughout  the  country  hastened  to 
espouse  the  "Texas  Idea"  because  they  saw  in  it  a  means  of 
elevating  the  character  and  efficiency  of  their  city  government. 

(97) 


98  COMMISSION  AND  MANAGER  PLANS 

At  the  same  time,  it  can  not  be  denied  that  among  the  factors 
responsible  for  the  popularity  of  the  new  plan  was  the  erroneous 
"idea  always  lurking  in  the  popular  mind  that  there  is  some  time 
to  be  discovered  a  piece  of  political  mechanism  which  when  set 
in  motion  wiU  give  perfect  city  government  without  further  at- 
tention from  the  voter  than  the  occasional  casting  of  a  haX- 
loi^"292    The  commission  plan,  which  appeared  just  at  the  time 
when  the  people  were  beginning  to  realize  the  "conspicuous 
failure"  of  municipal  government  in  this  country,  was  immedi- 
ately heralded  as  the  long-looked-for  ideal    piece    of    political 
mechanism.     Indeed,  "the  commission  movement  is  essentially 
one  of  imitation.     City  after  city  has  adopted  the  commission 
plan  because  it  had  been  reported  successful  in  Galveston,  Hous- 
ton or  Des  Moines.  "^^^    But  the  fact  that  many  of  the  American 
cities  are  following  with  interest  the  experiments  and  results 
of  other  municipalities  is  not  discouraging.     On  the  contrary, 
it  has  been  pronounced  as  "one  of  the  most  hopeful  signs  in  re- 
gard to  the  improvement  of  municipal  conditions. '  '*^* 

By  1907  the  commission  form  of  city  government  had  proved 
its  worth  as  a  measure  of  municipal  reform.  In  that  year  not 
only  was  a  new  stimulus  given  to  the  plan  throughout  the  coun- 
try, but  the  commission  form  itself  underwent  a  great  change  as 
the  result  of  the  inauguration  of  the  famous  "Des  Moines  Plan". 
As  soon  as  the  new  forms  of  institutional  democracy  had  been 
incorporated  into  the  original  plan  the  commission  system  gained 
a  strong  hold  upon  public  confidence.  It  is  for  this  reason  that 
the  Des  Moines  plan  is  superior  to  the  original  Galveston  plan; 
and  from  the  time  that  the  newer  and  improved  system  was 
written  into  the  statute  books  of  Iowa  it  has  been  Des  Moines, 
instead  of  Galveston,  which  has  led  the  way  in  the  commission 
movement  and  has  exerted  the  greatest  influence  in  its  spread 
throughout  the  whole  country. 

Moreover,  commission  government  has  made  headway  "not 
alone  under  its  o\\ti  steam  but  through  the  momentum  given  it 
by  the  vigorous  propaganda  for  nomination  reform,  the  short 
ballot  and  direct  legislation."*^* 

Among  the  forty-eight  States  of  the  Union  there  are  at  the 
present  writing  only  six*^*  that  have  failed  to  appreciate  and 


SPREAD  OF  COMMISSION  PLAN  99 

adopt  the  new  plan  of  municipal  government.  In  all  the  other 
States  this  plan  has  been  embodied  in  constitutional  or  statutory 
laws.  To  be  more  specific,  there  are  twenty-seven  States^^''  which 
have  already  enacted  general  laws,  optional  or  obligatory,  on  the 
subject  of  commission  government.  In  six'^^*  of  these  twenty- 
seven  States,  and  also  in  six  other  States,-^^  cities  of  a  certain 
size  are  permitted  by  constitutional  provisions  to  draw  up  their 
own  charters  with  certain  restrictions;  and  thus,  any  of  these 
cities  may  adopt  a  commission  charter  if  it  sees  fit.  One^"^  of  the 
home  rule  States  and  three  other  Commonwealths^"^  have  enacted 
optional  charter  laws;  and  among  the  plans  provided  in  these 
laws  there  is  invariably  the  commission  plan.  There  is  still  an- 
other class  of  States,  six  in  number,  ^''^  in  which  there  is  no  gen- 
eral law  providing  for  the  commission  form  nor  any  optional 
charter  law,  but  in  which  the  legislatures  have  in  many  cases 
seen  fit  to  grant  commission  charters  to  some  of  the  municipali- 
ties by  special  enactment.  Thus,  in  considering  the  adoption 
and  operation  of  the  commission  form  of  government  in  Ameri- 
can cities,  the  States  can  be  conveniently  divided  into  the 
following  classes : 

States  with  permissive  or  optional  general  commission  laws. 

States  with  obligatory  self -executing  commission  laws. 

States  with  optional  model  charter  laws. 

States  with  a  constitutional  home  rule  charter  system. 

States  with  special  commission  charters. 

States  in  which  there  are  no  commission  laws  or  commission 
charter  cities. 

STATES  WITH  PERMISSIVE  OR  OPTIONAL  GENERAL  COMMISSION  LAWS 

Iowa  has  the  honor  of  being  the  first  State  to  pass  a  permissive 
or  optional  general  commission  law  applicable  to  cities  of  a  cer- 
tain size.  Following  the  passage  of  the  Iowa  law,  there  were  gen- 
eral laws  of  the  same  nature  passed  in  the  same  year  by  the 
legislatures  of  Kansas,  North  Dakota,  and  South  Dakota. 
Attention  will  now  be  turned  to  these  laws  and  subsequent  acts 
of  other  States. 

Kansas. — In  the  early  part  of  the  year  1907,  when  the  Des 
Moines  plan  was  still  in  the  making,  the  Kansas  legislature 
passed  two  acts  enabling  cities  of  the  first  and  second  classes 


100  COMMISSION  AND  MANAGER  PLANS 

to  adopt  the  commission  form  of  government  at  their  option. 
But  both  statutes  "bore  evidences  of  haste  in  drafting  and 
serious  defects  were  apparent. '  '^"^  Accordingly,  the  law  for  the 
first  class  cities  was  amended  in  1909  ;»"'*  and  the  law  applying 
to  cities  of  the  second  class  was  repealed  in  the  same  year,  and 
in  its  place  a  new  law  was  enacted.^"^  In  1913  another  general 
law  was  passed  to  enable  cities  of  the  third  class  to  adopt  the 
commission  form  of  government.^"'' 

The  amended  law  for  cities  of  the  first  class  contained  some  of 
the  features  of  the  Des  Moines  plan.  It  provided  a  commission 
of  five  members  to  exercise  the  powers  formerly  vested  in  the 
mayor  and  council,  and  to  take  charge  of  the  adminis- 
tration of  five  specified  departments:  police  and  fire;  finance 
and  revenue ;  streets  and  public  improvements ;  parks  and  public 
property;  and  streets,  waterworks  and  lighting.  For  cities  of 
the  first  class  having  less  than  18,000  inhabitants""'  the  number 
of  commissioners  was  reduced  to  three,  and  their  duties  were 
made  the  same  as  those  of  commissioners  in  the  second  class 
cities.  As  provided  in  1909  the  commission,  after  being  elected, 
assigned  by  a  majority  vote  each  of  its  members  to  some  par- 
ticular department — except  the  mayor,  who  is  elected  as  such 
and  is  ex-offieio  commissioner  of  the  fire  and  police  de- 
partments. But  in  1913  an  amendment  was  made  to  require 
candidates  for  commissioner  to  indicate  the  specific  departments 
for  v,hich  they  were  running.  Thus,  there  is  now  no  assignment 
of  duties  to  each  officer  after  the  commission  has  been  elected. ^"^ 
Commissioners  are  nominated  and  elected  at  large  by  the  pro- 
cess of  double  election,  for  a  term  of  two  years.  Provisions  are 
also  made  for  a  civil  service  commission,  and  for  the  initiative, 
referendum,  and  recall.  The  commissioners  must  appoint  a 
civil  service  board  of  three  members.  The  initiative  can  be  in- 
voked on  petition  of  twenty-five  percent  of  the  voters  at  special 
elections  and  ten  percent  at  the  general  election.  The  refer- 
endum is  made  compulsory  on  franchises,  but  not  otherwise. 
Recall  elections  can  be  held  on  petition  of  twenty-five  percent  of 
the  voters  voting  at  the  last  municipal  election. ^"^  Any  city  of 
the  first  class  can  submit  to  the  electorate  at  a  special  election 
the  question  of  adopting  the  plan  above  outlined,    on    a    ten 


SPREAD  OF  COMMISSION  PLAN  101 

percent  petition  of  the  voters ;  and  any  city  may  abandon  the  ex- 
periment after  a  trial  of  four  years,  through  the  same  process,  on 
petition  of  twenty-five  percent  of  the  electors. 

The  new  law  for  cities  of  the  second  class  was  modelled  on 
the  Iowa  law.  The  governing  body  is  a  board  of  three  com- 
missioners, including  the  mayor.  Their  tenure  of  office  is  three 
years,  with  partial  renewal  annually.  The  commissioner-depart- 
ments are:  fire,  police,  and  health;  streets  and  public  utilities; 
education,  finance,  and  revenue.  The  mayor  is  ex-officio  com- 
missioner of  police,  fire,  and  health.  By  an  amendment  passed 
in  1911^^^  candidates  are  required  to  announce  upon  the  primary 
ballot  which  particular  commissionership  they  are  seeking.  Any 
name  can  be  placed  on  the  primary  ballot  on  petition  of 
twenty-five  voters.  The  number  of  candidates  voted  for  at  the 
second  election  is  double  the  number  of  offices  to  be  filled.  The 
initiative  is  made  available  at  general  elections  on  a  petition  of 
ten  percent  of  the  voters,  and  a  forty  percent  petition  may 
justify  the  calling  of  a  special  election.  The  referendum  ia 
made  operative  on  a  twenty-five  percent  petition.  This  plan 
can  be  adopted  at  a  special  election  called  on  a  petition  signed  by 
forty  percent  of  the  voters;  and  may  be  abandoned  after  four 
years  trial  in  the  same  way,  through  a  forty  percent  petition. 

The  general  law  of  1913,  applicable  to  third  class  cities,  is 
very  similar  to  the  law  for  second  class  cities,  except  that  there 
is  no  provision  made  for  the  initiative  and  referendum. 

The  response  to  these  laws  on  the  part  of  the  cities  of  Kansas 
were  enthusiastic  and  prompt.  From  the  time  of  the  passage  of 
these  laws  to  the  present  over  forty  cities^"  have  installed  the 
commission  plan.  This  record  places  Kansas  among  the  leading 
States  in  this  movement. 

North  Dakota. — North  Dakota  is  one  of  the  four  States  which 
enacted  commission  laws  in  1907.  The  North  Dakota  law  was 
passed  on  March  20th,  and  applied  to  cities  of  not  less  than  two 
thousand  inhabitants.  But  in  1911  the  law  was  amended  to 
extend  the  system  to  include  towns  and  villages  having  a  popu- 
lation of  not  less  than  five  hundred.^-'^.  The  petition  requesting 
that  the  question  of  adoption  be  submitted  to  the  voters  is 
required  to  contain  the  names  of  ten  percent  of  the  electors ;  but 


102  COMMISSION  AND  MANAGER  PLANS 

should  the  proposition  be  voted  down,  it  may  not  be  again  sub- 
mitted for  a  period  of  one  year.  The  board  of  commissioners 
consists  of  five  members,  elected  for  two  yeai^  and  having  the 
usual  powers  possessed  by  commissions  in  other  cities.  Candi- 
dates are  nominated  by  petition  and  elected  on  a  non-partisan 
ballot.  But  the  noteworthy  feature  of  this  law  is  the  cumulative 
voting  system :  ' '  Each  voter  shall  be  allowed  as  many  votes  for 
the  candidates  of  City  Commissioners  as  there  are  Commission- 
ers to  be  elected,  such  votes  being  distributed  among  the  can- 
didates as  the  voter  shall  see  fit;  no  voter  shall  be  allowed  to 
east  more  votes  than  candidates  to  be  elected. '  '^'^ 

The  initiative,  referendum,  and  recall  were  not  found  in  the 
original  law,  but  were  provided  by  an  amendment  passed  in 
1911.  Under  this  amendment  the  initiative  is  made  available  at 
a  general  election  on  fifteen  percent  petition  of  the  total  vote 
east  at  the  last  preceding  municipal  election ;  while  twenty-five 
percent  petition  is  required  to  call  a  special  election.  All  ordi- 
nances except  those  declared  by  a  two-thirds  majority  to  be 
emergency  measures  are  subject  to  a  referendum  vote  on  a 
petition  of  ten  percent  of  the  voters.  Recall  elections  can  be 
held  upon  petition  by  thirty  percent  of  the  voters.  The  plan 
may  be  abandoned  after  four  years  trial  at  a  special  election 
called  in  response  to  a  petition  signed  by  not  less  than  foi-ty 
percent  of  the  electors.  Ten  cities  in  North  Dakota  have  elected 
to  come  under  this  plan.'^* 

South  Dakota.— The  South  Dakota  commission  law  was  passed 
in  1907,  amended  in  1909,  and  altered  again  in  1911,  1913,  and 
1915.  It  created,  in  addition  to  the  classes  of  cities  then  exist- 
ing, a  new  class  of  cities  known  as  "cities  under  commission", 
and  was  a  general  optional  law  enabling  cities  of  the  first, 
second,  and  third  classes  to  adopt  this  new  form  of  govern- 
ment.*^^ On  petition  signed  by  a  number  of  voters  equal  to 
fifteen  percent  of  the  number  of  votes  east  for  mayor  at  the  last 
previous  municipal  election,  the  question  of  adopting  the  plan 
may  be  submitted  to  the  voters  at  a  special  election. 

The  law  provides  for  a  board  of  five  commissioners,  elected 
for  five  years,  with  partial  renewal  each  year ;  but  the  city  has 
the  option  of  determining  at  the  time  of  adoption  whether  there 


SPREAD  OF  COMMISSION  PLAN  103 

should  be  five  or  three  members  of  the  board.  If  five  members 
are  elected,  there  are  four  departments:  police  and  fire,  streets 
and  public  property,  waterworks  and  sewerage,  and  finance  and 
revenue.  But  if  the  city  chooses  to  have  three  members  on  the 
board,  there  are  only  two  departments :  public  property,  police 
and  fire ;  and  waterworks  and  sewerage.  Any  voter  may  become 
a  candidate  at  the  annual  election  upon  the  petition  of  not  less 
than  twenty-five  nor  more  than  one  hundred  and  fifty  voters. 
Candidates  can  only  be  selected  by  a  majority  of  all  the  votes 
cast.  Should  it  appear  that  no  one  has  received  the  necessary 
votes,  a  second  election  shall  be  held  on,  the  Thursday  following 
the  first  election.  But  in  such  a  case  the  balloting  is  confined  to 
the  two  candidates  receiving  the  highest  vote  in  the  first  election. 
The  initiative  and  referendum  may  be  invoked  by  a  five  per- 
cent petition  at  a  special  election;  and  in  the  case  of  a  refer- 
endum election  the  proposition  voted  on  may  refer  to  the  whole 
or  to  a  portion  of  an  ordinance.  The  referendum  on  franchises 
is  compulsory.  Recall  elections  can  be  held  on  petitions  of 
fifteen  percent  of  the  voters.  Thus  far,  fourteen  cities  in  South 
Dakota  have  elected  to  come  under  the  new  plan  as  above  out- 
lined.*^* 

Mississippi. — Mississippi  was  the  second  State  in  the  South  to 
provide  for  the  commission  plan  of  city  government.  Prior  to 
1908  government  by  commission  in  the  South  was  confined  to 
the  State  of  Texas,  but  in  that  year  the  so-called  "Home  Rule 
Law"  of  Mississippi  was  passed.*^''  It  is  an  enabling  act  under 
which  all  the  cities  of  the  State  are  granted  the  option  of  adopt- 
ing the  commission  form  of  government  at  a  special  election 
called  upon  a  petition  signed  by  at  least  ten  percent  of  the 
voters.  It  provides  an  aldermanic  body  consisting  of  three  or 
five  commissioners,  elected  at  large  and  possessing  all  the  powers 
and  duties  of  the  mayor  and  aldermanic  bodies  and  all  other 
elective  municipal  officers.  The  electors  of  the  city,  in  their 
petition  requesting  a  vote  on  the  commission  form  of  govern- 
ment, are  allowed  to  determine  the  number  of  commissioners, 
their  salary,  the  time  required  of  each,  the  bond  to  be  given  by 
each,  and  such  other  officers  as  it  might  be  desired  to  elect  in 
their  cities.    Thus,  the  characteristic  feature  of  this  law  is  that 


104  COMMIS.SION  ASl)  MANAGER  PLANS 

it  leaves  more  liberty  and  perTnits  more  discretion  on  the  part 
of  the  loeality  v/ith  regard  to  the  officers  and  the  exaet  form  of 
government  than  any  of  the  other  laws  whir;?!  had  been  passed 
up  to  that  time. 

In  1f)12  another  law  on  the  same  subject  was  passed  by  the 
le^Hlatnre.*'"  Tt  is  applicable  to  all  cities  upon  adoption  at  a 
special  election  called  upon  petition  of  ten  percent  of  the  quali- 
fied electors.  Under  the  new  law,  the  number  of  commissioners 
is  definitely  fixed  at  three,  including  the  mayor,  all  elected  for 
a  term  of  four  years.  But  the  salaries  to  be  paid  to  the  commis- 
sioners, and  the  number  of  commissioner-departmentH  are  still 
left  to  be  fixed  by  ordir-fince.  The  r-ommission  is  vested  with  the 
usual  legislative,  executive,  and  judicial  powers  of  the  citv,  but 
when  any  city  operating  under  the  act  desires  to  extend,  dimin- 
ish, or  limit  the  powers  and  duties  of  the  council,  "the  Council 
may  adopt  an  ordinance  so  extending,  diminishing,  or  limiting 
the  powers  or  duties  to  be  exercised  by  such  Council  or  the 
members  thereof,  as  desired,  and  shall  ....  submit  the  same 
for  the  approval  of  the  qualified  electors  of  such  city  at  a  general 
or  special  election".  Tf  a  two-thirds  majority  of  the  qualified 
electors  f)f  Hx'.  city  voting  thereon  shjill  be  in  favor  of  sue.h  an 
ordinance,  then  a  certified  copy  of  th<'  same  must  be  submitted 
to  the  Governor.  Tt  is  then  the  duty  of  the  Governor  tf)  con- 
sult the  Attomey-Generfil  nbout  the  constitutionality  of  the 
ordinance;  and  if  it  is  foiinrl  to  be  consistent  with  the  f'onstitu- 
tion  and  laws  o?  the  St?ite  ttie  ordinfinee  must  be  ji[)proved  by 
the  Governor. 

Tioth  the  laws  of  ]UOH  and  1012  required  \.h<:  submission  of 
all  franchise  or  bond  issue  ordinane/ts  to  a  referendum  vote,  and 
provider!  for  \hi:  irjitiative,  referendum,  and  recall;  but  the 
conditif)ns  of  thftir  operation  have  been  entirely  suf)erseded  by 
n.n.  act  of  the  legislature  approved  on  March  27,  191 4.'"'  Under 
this  law  the  initiative  is  available  to  any  municif)ality  on  peti- 
tion of  ten  f)f;refrit  of  the  qualified  electors;  and  the  refercrulum 
may  be  sf;cured  on  petition  of  twenty  percent  on  all  me;isures 
excepting  those  whieli  are  declared  to  be  emergency  mejisures. 
Thr-  recall  is  rriadr-  avaihible  (>r\  ;i  twenty  five  percent  petition., 
but   the,   f)etitir)ri    may   not  be  cire.uhifed    until    ;iffer   it  has  been 


SPREAD  OF  COMMISSION  PLAN  105 

published  in  some  newspaper  for  three  weeks,  together  with  the 
signatures  of  twenty-tive  qualified  electors.  Thus  far  nine  cities 
of  the  State  have  taken  advantage  of  the  commission  laws.  The 
plan  has  been  in  operation,  longest  in  Clarksdale  and  Haties- 
burg,  botli  of  which  cities  adopted  it  subsequent  to  1910.'*" 

Texas. — Up  to  1909  Texas  had  twelve  commission-governed 
cities.  Galveston  received  its  first  commission  charter  in  1901, 
and  Houston  in  1905.  These  two  pioneer  cities  were  soon 
followed  by  Dallas,  Fort  Worth,  El  Paso,  Denison,  and  Green- 
ville in  1907;  and  five  otlior  cities,  including  Austin,  the  State 
capital,  "Waco,  Palestine,  Corpus  Christi,  and  Marshall.  But 
all  these  cities  secured  the  commission  form  of  government 
through  special  cliarters,  and  thus  there  were  features  peculiar 
to  each  of  them.  Instead  of  a  uniform  system,  these  charters 
allowed  conflicting  and  perplexing  provisions  to  arise  in.  several 
cities. 

In  view  of  the  diflficulties  inherent  in  the  special  charter  sys- 
tem, the  legislature  passed  on  April  1,  1909,  a  general  law 
enabling  cities  of  less  than  10,000  population  to  adopt  this  form 
of  government  by  a  referendum  vote.''^'  Tliis  law  was  amended 
in.  1913  and  again  in  1914.  The  amendatory  act  of  1913  permits 
any  muni('i]>ality  having  a  population  of  500  to  5000  to  adopt 
the  commission  form  of  government;  and  the  act  of  1914  enables 
cities  of  1000  or  over  to  have  the  conimission  plan  submitted  to 
a  referondtnn  vote  on  petition  of  ten  percent  of  the  voters  or  on 
an  afltirmative  vote  of  the  council  by  a  two-thirds  majority.'** 
The  government  provided  by  the  acts  is  vested  in  a  mayor  and 
tM'o  commissioners  elected  for  terms  of  two  years.  But  there 
are  no  provisions  made  for  the  initiative,  referendum,  and  re- 
call, except  that  ordinances  granting  franchises  may  be  referred 
to  the  electorate  on  ])e1ition  of  five  hundred  voters.  Since  the 
passage  of  tliese  laws  over  twenty  Texas  cities  have  elected  to 
come  under  Ihe  new  form  of  govennnent.-"' 

Wisconain. — The  Wisconsin  statute  was  passed  in  June,  1909, 
amended  in  1911,  and  altered  again  in  1915.'-*  It  is  an  enabling 
act  ai>i>li('abl(>  1o  cilies  of  the  second,  tliird.  and  fourth  classes. 
Thus,  Milwaukee,  tlu^  only  city  of  the  first  class  in  the  State, 
is  excluded  from  t]u>  operation  of  the  law."*     The  question  of 


106  COMMISSION  AND  MANAGER  PLANS 

adoption  can  be  submitted  "upon  petition  of  electors  equal  in 
number  to  twenty-five  per  centum  of  the  votes  cast  for  all  can- 
didates for  mayor  at  the  last  preceding  city  election  ".^^^  The 
commission  council  is  composed  of  a  mayor  and  two  other  mem- 
bers. A  unique  provision  of  the  "Wisconsin  law  is  that  "Any 
person  possessing  all  the  qualifications  of  an  elector  in  such 
city  other  than  the  qualification  of  residence  therein  shall  be 
eligible  to  election  as  mayor  or  other  member  of  the  council,  but 
no  person  who  holds  a  license  for  the  sale  of  intoxicating  liquors 
shall  be  eligible  to  any  such  office. '  '^^^  The  mayor  is  elected  for 
six  years;  while  the  terms  of  the  two  councilmen  are  two  and 
four  years  respectively.  Unlike  most  of  the  other  commission 
laws  or  charters,  the  Wisconsin  statute  does  not  divide  the  ad- 
ministration of  the  city  into  departments,  but  leaves  the  whole 
arrangement  to  the  council. 

Primary  nomination  by  petition,  non-partisan  elections,  the 
initiative,  the  referendum,  and  the  recall  were  all  provided  for 
in  the  original  law.  But  in  view  of  the  decision  of  the  Supreme 
Court  in  the  case  of  Meade  v.  Dane  County, ^^^  declaring  uncon- 
stitutional the  referendum  provision  when  applied  to  a  county, 
the  legislature  in  1915  abolished  the  referendum  provisions  for 
cities  as  well  as  for  counties.  In  the  same  year  the  sections  of 
the  original  law  relating  to  the  initiative  and  recall  were  also 
revised.  The  initiative  is  now  made  available  on  a  fifteen  percent 
petition,  and  the  recall  is  operative  on  a  thirty-three  and  one- 
third  percent  petition  in  cities  of  the  third  and  fourth  classes, 
and  on  a  twenty-five  percent  petition  in  cities  of  the  first  and 
second  classes.^^''.  Thirteen  Wisconsin  cities  are  now  organized 
under  the  State  law  as  above  analyzed.^*" 

Illinois. — In  1909  a  special  committee  was  appointed  by  the 
legislature  to  investigate  and  report  on  the  commission  form  of 
government  for  cities.  After  visiting  Galveston,  Houston,  and 
Dallas  the  committee  was  greatly  impressed  with  the  system  and 
strongly  recommended  its  adoption  for  Illinois  cities.  But  not 
until  the  next  year,  after  the  recommendation  of  the  Governor 
in  his  special  message,  did  the  legislature  pass  any  act  to  this 
effect.*" 


SPREAD  OF  COMMISSION  PLAN  107 

The  Illinois  statute  of  1910,  as  subsequently  amended  in  1911 
and  1915,  is  an  optional  general  law  applicable  to  all  cities  and 
villages  of  the  State  containing  a  population  not  exceeding  two 
hundred  thousand,  and  may  be  adopted  at  a  popular  election 
called  on  petition  of  electors  "equal  in  number  to  one-tenth  of 
the  votes  cast  for  all  candidates  for  mayor  or  president  of  the 
board  of  trustees  at  the  last  preceding  city  or  village  elec- 
tion."'^* It  provides  for  a  council  of  five  members,  including 
the  mayor,  elected  at  large  through  the  process  of  a  non-partisan 
double  election,  for  terms  of  four  years,  and  exercising  all 
executive  and  legislative  powers  possessed  by  the  former  city  or 
village  officers,  except  those  vested  in  the  board  of  local  improve- 
ments and  park  officers. 

The  executive  and  administrative  powers  are  distributed 
among  the  following  five  departments :  the  department  of  public 
affairs,  the  department  of  accounts  and  finances,  the  department 
of  public  health  and  safety,  the  department  of  streets  and 
public  improvements,  and  the  department  of  public  property. 
The  law  requires  the  mayor  to  be  commissioner  of  public  affairs 
and  superintendent  of  that  department,  and  provides  that  "the 
council  shall,  at  the  first  regular  meeting  after  election  of  its 
members  designate  by  a  majority  vote ' '  each  of  its  members  to  be 
commissioner  and  superintendent  of  a  particular  department.*** 

There  are  provisions  for  the  initiative,  referendum,  and  recall. 
But  as  originally  provided  in  the  law  of  1910,  the  recall  petition 
was  required  to  be  signed  by  seventy-five  percent  of  the  electors 
voting  for  mayor  at  the  preceding  municipal  election.  This 
number,  however,  was  reduced  in  1911  to  fifty-five  percent, 
which  is  still  too  high  to  be  effective  and  indicates  a  cautious 
spirit  in  the  General  Assembly  of  Illinois.  This  high  percentage 
requirement  "makes  the  use  of  recall  so  much  more  difficult 
than  in  other  places  that  it  is  doubtful  if  it  will  be  called  into 
operation."^**  The  initiative  is  made  available  at  a  general 
election  on  petition  signed  by  ten  percent  of  the  voters  at  the 
preceding  election,,  and  a  twenty-five  percent  petition  may  re- 
sult in  the  calling  of  a  special  election.  The  referendum  may  be 
invoked  on  a  ten  percent  petition  against  all  measures  except 
those  declared  by  a  two-thirds  vote  to  be  emergency  measures; 


108  COMMISSION  AND  MANAGER  PLANS 

and  it  is  compulsory  on  franchises.  The  law  itself  contains  no 
provision  for  the  merit  system,  but  recognizes  the  former  civil 
service  law  of  1895.^^'  Any  town  or  viUage,  after  three  years 
trial  of  this  form  of  government,  may  abandon  it  at  a  special 
municipal  election  caUed  upon  petition  of  twenty-five  percent  of 
the  electors  of  the  city.^^" 

Following  the  passage  of  the  law  about  twenty  cities  and 
villages  adopted  the  commission  form  of  government  in  the  first 
year;  and  about  twenty  additional  municipalities  have  elected 
to  come  under  the  provisions  of  this  act  in  subsequent  years."^ 

South  Carolina.— In.  1910  three  States  in  the  South— South 
Carolina,  Kentucky,  and  Louisiana— passed  general  commission 
laws  applicable  to  their  respective  cities  of  certain  sizes.  The 
South  Carolina  aet^^^  was  approved  on  February  21st.  Under 
this  act  any  city  having  a  population  between  20,000  and  50,000 
may  adopt  the  commission  form  of  city  government  at  a  special 
election  called  upon  a  petition  representing  twenty-five  percent 
of  the  vote  cast  for  mayor  at  the  preceding  election.  But  in  1912 
another  law^^s  ^as  enacted  to  extend  the  same  privilege  to  cities 
of  over  10,000  and  less  than  20,000  inhabitants,  and  also  to  cities 
of  over  50,000  and  less  than  100,000  inhabitants.  Under  section 
twenty-nine  of  this  act,  municipalities  having  a  population  from 
7000  to  10,000  may  also  adopt  the  commission  form;  but  this 
section  was  inserted  for  the  special  benefit  of  Florence — as  this 
is  the  only  city  in  the  State  having  a  population  between  7000 
and  10,000. 

The  governing  body  under  the  South  Carolina  commission 
laws  is  the  usual  council  of  five  members,  elected  for  four  years 
with  partial  renewal.  The  powers  of  the  council  are  distributed 
among  these  five  officers  by  appointment  of  the  mayor,  and  may 
be  redistributed  by  vote  of  the  council.  An  unusual  feature  in 
the  law  is  the  broad  power  given  to  the  city  attorney,  who  is 
required  to  see  that  laws  in  every  particular  are  enforced;  to 
take  necessary  steps  to  enforce  the  provisions  of  the  same; 
and  in  case  of  violation  or  oversight,  is  authorized  to  have 
indictments  brought  and  prosecutions  made. 

Absolute  publicity  in  the  matter  of  appropriations  is  provided 
for;  and  no  franchise  can  be  granted  without  a  referendum 


SPREAD  OF  COMMISSION  PLAN  109 

vote.  All  public  officials  and  employees  are  placed  under  the 
control  of  a  civil  service  commission,  and  may  not  be  removed 
except  for  cause  and  upon  the  joint  vote  of  the  civil  service  com- 
mission and  the  city  council  after  a  public  hearing.  Provisions 
are  also  made  for  the  initiative,  referendum,  and  recall,  any  of 
which  can  be  invoked  upon  the  presentation  of  a  petition  repre- 
senting twenty  percent  of  the  vote  cast  for  mayor  at  the  preced- 
ing primary  election,  but  the  unusual  feature  is  that  the  recall 
petition  is  to  be  addressed  to  the  Governor.  Operation  under 
this  act  can  be  discontinued  after  six  months  trial  by  a  popular 
vote.  Columbia,  the  capital  of  the  State,  was  the  first  to  take 
advantage  of  the  act.  by  inaugurating  the  new  plan  on  May  12th 
of  the  year  of  its  enactment. ^^'' 

Kentucky.- — Kentucky  fell  in  line  on  March  21,  1910,  with  an 
act  enabling  cities  of  the  second  class^^^  to  adopt  the  commission 
plan  at  a  popular  election  called  upon  petition  of  twenty-five 
percent  of  the  electors  voting  at  the  preceding  general  elec- 
tion.*^* By  two  optional  acts  passed  in  1914  the  same  privilege 
was  extended  to  cities  of  the  third'^'  and  fourth*** 
classes.**^  The  governing  body  provided  by  the  Kentucky  laws 
is  a  board  of  five  commissioners  for  cities  of  the  second,  third, 
and  fourth  classes.  Nomination  is  made  by  a  petition  signed  by 
one  hundred  voters.  Both  the  election  and  the  nomination  are 
strictly  non-partisan.  The  mayor  is  elected  for  four  years,  while 
the  terms  of  the  commissioners  are  two  years.  There  is  no  civil 
service  or  recall  provision,  but  the  initiative  and  referendum 
can  be  invoked  at  any  regular  election  on  petition  representing 
twenty-five  percent  of  the  vote  cast  for  mayor  at  the  preceding 
election.  The  plan  may  be  abandoned  after  four  years  trial  at 
a  popular  election  based  on  petition  of  one-third  of  the  voters. 
Thus  far  onlv  six  cities  in  Kentucky  have  elected  to  come  under 
the  provisions  of  the  commission  legislatio?!.*^^ 

Louisiana. — The  first  commission  law  of  Louisiana  went  into 
effect  on  April  7,  1910.  It  was  applicable  to  cities  of  7500 
inhabitants  or  over ;  but  the  cities  of  New  Orleans,  Monroe,  Lake 
Charles,  and  Baton  Rouge  were  expressly  excluded  from  the 
operation  of  the  law,  either  in  the  title  or  in  the  text  of  the 
bill.**''       But  this  statute   was  superseded  by   a  general  law 


110  COMMISSION  AND  MANAGER  PLANS 

enacted  in  1912,  which  was  amended  in  1916.^^8  The  new  law 
is  applicable  to  any  town  having  a  population  of  2500  or  over, 
and  also  to  any  city,  New  Orleans  excepted,  having  a  population 
of  5000  or  over.  The  question  of  adoption  may  be  submitted  on 
''petition  of  electors  equal  in  number  to  twenty-five  per  centum 
of  the  qualified  electors"  of  the  city.  Provision  is  made  for  a 
council  consisting  of  a  mayor  and  four  councilmen  for  cities 
having  a  population  of  twenty-five  thousand  or  over,  and  a 
council  consisting  of  a  mayor  and  two  councilmen  for  cities 
having  a  population  between  5000  and  25,000  and  for  towns  of 
twenty-five  hundred  or  over. 

The  administration  is  divided  into  five  departments  in  cities 
of  the  first  class,  and  into  three  departments  in  cities  of  the 
second  class.  The  mayor  is  given  the  administration  of  the 
department  of  public  affairs  and  public  education  in  cities  of  the 
first  class,  and  of  public  health  and  safety  in  cities  of  the  second 
class.  The  law  specifically  requires  that  "each  candidate  shall 
announce  his  candidacy  for  mayor  or  for  councilman  and  com- 
missioner of  a  designated  department  or  of  two  departments".'*' 
Provisions  are  made  for  the  initiative,  referendum,  and  recall, 
but  not  for  the  primary  election  and  civil  service.  In  all  cases 
petitions  signed  by  a  number  of  citizens  equalling  thirty-three 
percent  of  the  vote  cast  for  mayor  at  the  preceding  municipal 
election  can  bring  these  devices  into  operation.  Any  cities  oper- 
ating under  this  plan  for  more  than  six  years  may  abandon  such 
organization  by  a  majority  vote  at  a  special  election  called 
on  petition  signed  by  thirty-three  percent  of  the  electorate. 
Thus  far,  eight  cities'^"  in  Louisiana  have  elected  to 
come  under  this  general  law;  and  three  cities^*^  have  adopted 
the  commission  plan  under  special  acts. 

During  the  year  1911  legislation  affecting  the  interests  of  the 
city  had  a  front  place  in  almost  all  the  States  in  which  the  law- 
making body  was  assembled  in  that  year.  Among  the  important 
matters  under  consideration  was  the  commission  form  of  city 
government.  Seven  States,  widely  scattered  throughout  the 
country,  passed  in  that  year  general  optional  commission  laws, 
and  many  others  either  amended  the  already  existing  commission 
laws  or  passed  commission  laws  other  than  the  general  permis- 


SPREAD  OF  COMMISSION  PLAN  111 

sive,  optional  type.     The  seven  optional  plans  adopted  in  that 
year  will  first  be  discussed  in  the  order  of  their  adoption. 

Wyoming. — The  Wyoming  law/^^  approved  on  February  21, 
1911,  was  the  first  commission  law  enacted  in  that  year.  It  is 
applicable  to  all  cities  theretofore  incorporated  under  special 
charters  and  having  a  population  of  ten  thousand  or  more ; 
to  cities  of  the  first  class ;  and  to  cities  and  towns  having  a  popu- 
lation of  not  less  than  seven  thousand.  The  mayor  of  the  city  is 
required  to  submit,  by  proclamation,  the  question  of  adopting 
the  plan  to  a  vote  at  a  special  election,  on  "petition  of  electors 
equal  in  number  to  fifteen  per  centum  of  the  number  of  regis- 
tered electors".  Should  the  proposition  be  rejected  at  the 
election,  the  question  can  not  be  again  submitted  within  two 
years  thereafter ;  and  even  then  twenty-five  percent  of  the  voters 
are  required  to  sign  the  petition.  If  the  question  has  been  favor- 
ably acted  upon,  the  mayor  is  again  required  to  call  a  special 
election  for  the  election  of  mayor  and  commissioners.  The 
law  provides  a  governing  body  consisting  of  a  mayor  and  two 
commissioners,  to  be  nominated  by  petition  and  elected  by  a 
non-partisan  ballot.  They  are  the  only  elective  officers  and  serve 
for  a  term  of  two  years.  The  usual  features  of  commission 
government,  such  as  the  division  of  departments,  the  appoint- 
ment and  removal  of  subordinate  officers,  and  the  publicity  pro- 
visions are  found  in  the  Wyoming  law. 

The  initiative,  referendum,  and  recall  are  also  provided  in 
this  law.  By  the  law  as  amended  in  1913  the  initiative  is  made 
available  on  a  petition  of  thirty  percent  of  the  registered  voters ; 
the  referendum,  on  a  thirty-five  percent  petition ;  and  the  recall, 
on  a  twenty-five  percent  petition.  The  council  is  prohibited  from 
granting  any  public  service  franchise,  if  requested  not  to  do  so 
by  petition  signed  by  ten  percent  of  the  qualified  voters  of  the 
city.  In  such  a  case  the  council,  however,  may  submit  the 
franchise  ordinance  to  the  voters  at  the  next  general  or  special 
municipal  election.  Sheridan  and  Cheyenne  are  the  only  cities 
in  the  State  that  have  adapted  the  plan.^^^ 

Montana. — By  a  general  law***  approved  on  February  28, 
1911,  Montana  cities  of  the  first,  second,  and  third  classes  are 
granted  the  optional  right  of  adopting  the  commisssion  form  of 


112  COMMISSION  AND  MANAGER  PLANS 

government.  This  law  was  slightly  amended  in  1913/"  As 
usual,  any  cities  can  adopt  the  plan  at  a  special  election  called 
upon  petition  of  a  certain  percent  of  the  voters.  In  Montana 
this  is  twenty-five  percent;  but  this  percentage  is  required  to 
be  based  on  registration,  not  upon  the  vote  cast  at  the  last  pre- 
ceding municipal  election,  as  is  usually  the  case.  The  governing 
body  consists  of  a  mayor  and  four  councilmen  in  cities  of  the 
first  class  having  a  population  of  more  than  25,000,  and  of  a 
mayor  and  two  councilmen  in  all  smaller  cities.  Candidates  for 
the  primary  election  are  nominated  by  petition  of  twenty-five 
voters ;  and  the  two  candidates  for  mayor,  and  the  four  or  eight 
for  councilmen,  receiving  the  highest  votes  are  the  candidates 
at  the  regular  election.  Both  the  mayor  and  the  councilmen  are 
elected  for  two  year  terms,  with  partial  renewal.  The  provi- 
sions for  a  division  of  departments  and  for  a  civil  service  com- 
mission, as  well  as  for  the  initiative,  referendum,  and  recall,  are 
practically  the  same  as  are  found  in  the  Iowa  law — except  that 
the  percentage  of  voters  required  to  sign  the  petitions  for  the 
initiative,  referendum,  and  recall  is  based  on  the  total  number 
of  registered  voters.  Only  three  cities  in  the  State  have  thus 
far  elected  to  come  under  this  law.**^ 

Idaho. — The  Idaho  commission  law,  approved  on  March  13, 
1911,  is  applicable  to  any  city  within  the  State  "organized  under 
the  general  laws  of  the  State,  or  under  special  charter,  or  under 
a  general  incorporation  Act,  now  or  hereafter  having,  as  shown 
by  the  last  preceding  state  or  national  census,  a  population  of 
two  thousand  five  hundred  persons,  or  over  that  number."**' 
Upon  a  petition  of  the  electors,  equal  in  number  to  twenty-five 
percent  of  the  votes  cast  for  all  candidates  for  mayor  at  the  last 
preceding  general  city  election,  the  question  of  adopting  the 
plan  may  be  submitted  to  the  voters  at  a  popular  election;  but, 
should  the  plan  fail  to  be  adopted  at  the  election,  the  question 
may  not  be  resubmitted  within  a  period  of  two  years.  The  law 
provides  a  council  of  five  members,  "one  of  whom  shall  be 
known,  designated  and  elected  as  mayor,  chosen  and  elected  from 
the  city  at  large."  Candidates  are  nominated  by  petition  of  at 
least  twenty-five  electors.  It  is  specifically  required  that  candi- 
dates, in  order  to  be  elected,  must  receive  more  than  one-half  of 


SPREAD  OF  COMMISSION  PLAN  113 

the  ballots  cast.  If  no  one  receives  the  required  number  of 
votes,  then  the  ''first  election  shall  be  construed  to  have  been 
a  primary  election  for  the  nomination  of  candidates,  and  the 
second  election  shall  be  held  to  fill  such  office  or  offices."^** 
When  elected,  the  mayor  is  to  hold  the  office  for  two  years ;  while 
the  tenure  of  office  of  the  councilmen  is  four  years,  with  partial 
renewal  every  two  years. 

The  mayor  "shall  be  considered  as  one  of  the  council  for  all 
purposes  and  shall  vote  on  all  questions  the  same  as  any  other 
member  of  Council. ' '  He  presides  at  all  meetings  of  the  council, 
but  has  "no  power  to  veto  any  measure,  resolution,  or  ordi- 
nance ".^^"^  Executive  and  administrative  powers  and  duties 
are  distributed  among  five  departments :  public  affairs,  accounts 
and  finances,  public  safety,  streets  and  public  improvements,  and 
parks  and  public  property.  The  mayor  is  the  superintendent  of 
the  department  of  public  affairs,  and  the  council  at  its  first  reg- 
ular meeting  after  election  designates  by  majority  vote  each  of 
the  other  members  to  be  superintendent  of  one  of  the  depart- 
ments. 

The  Idaho  law  specifically  provides  that  "the  people  of  such 
[commission]  city,  in  addition  to  the  method  of  legislation  here- 
inbefore provided,  shall  have  power  of  direct  legislation  by  the 
initiative  and  referendum."'^''  Both  the  initiative  and  the 
referendum  are  made  available  on  petitions  signed  by  a  number 
of  electors  equal  to  twenty-five  percent  of  th«  entire  vote  cast 
for  mayor  at  the  last  preceding  election.  Initiative  ordinances 
signed  by  ten  percent  of  the  voters  may  be  submitted  to  a  vote 
at  the  next  general  election.  A  unique  feature  of  this  provision 
is  the  affidavit  attached  to  the  petition  whereby  the  signer 
declares  that  he  has  "read,  or  heard  read  at  length,  section  by 
section,  the  proposed  ordinance  or  measure  attacked.  "'^^  An- 
other unique  feature  of  the  law  is  the  provision  that  the  "fran- 
chise will  be  awarded  to  the  bidder  offering  to  pay  to  the  city 
during  the  life  of  the  franchise  the  highest  percentage  of  the 
gross  annual  receipts  received  from  the  use,  operation  or  posses- 
sion of  the  franchise.  "^''^  The  recall  is  made  available  on  a 
thirty-five  percent  petition,  but  officials  are  immune  from  such 
proceedings  for  the   first  three   months.     Any   city   operating 


114  COMMISSION  AND  MANAGER  PLANS 

under  this  plan  may  abandon  it  after  six  years  trial  at  a  special 
election  called  on  petition  of  not  less  than  twenty-five  percent  of 
the  electors  of  the  city.  Lewiston  has  been  operating  under  the 
commission  plan  since  1907  under  a  special  charter.  Boise 
adopted  the  commission  form  in  1912,  and  its  charter  con- 
forms to  the  general  law  above  outlined  in  all  respects.^^^ 

Washington. — Washington  is  one  of  the  so-called  home  rule 
States.  By  a  constitutional  amendment  adopted  in  1899  cities 
of  20,000  inhabitants  or  over  are  granted  the  privilege  of  fram- 
ing and  adopting  their  own  charters.^^^  Under  this  provision 
Tacoma  and  Spokane  have  adopted  the  commission  form  of 
government.  But  the  application  of  the  home  rule  charter 
system  in  Washington  is  very  narrow :  in  fact,  only  five  cities*^* 
of  the  State  are  entitled  to  the  privilege.  Accordingly,  on  March 
17,  1911,  the  so-called  Allen  Act  was  approved,'^^  which  is  a 
general  commission  law  applicable  to  cities  not  included  in  the 
home  rule  provisions  of  the  Stat«.  Any  city  having  a  population 
of  from  2500  to  20,000  may  adopt  the  provisions  of  this  act  by 
popular  election  called  upon  petition  of  twenty-five  percent  of 
the  voters.  It  provides  for  a  mayor  and  two  commissioners, 
elected  through  the  process  of  a  non-partisan  double  election  for 
terms  of  three  years.  The  city  clerk  is  the  only  officer  in  addi- 
tion to  the  commissioners  designated  specifically  in  the  act. 
The  city  commission  is  granted  full  legislative  and  adminis- 
trative powers.  The  mayor  is  entrusted  with  special  supervi- 
sory functions.  He  presides  at  all  meetings  of  the  council,  but 
has  no  veto  power. 

This  general  law  makes  specific  provision  for  the  operation  of 
the  initiative  and  the  referendum  at  special  or  general  elections 
on  twenty-five  percent  petitions.  All  ordinances,  except  those 
declared  by  unanimous  vote  of  the  commission  to  be  emergency 
measures,  are  subject  to  a  referendum.  There  was  also  a  recall 
provision  in  the  general  law  of  1911,  but  this  part  of  the  act 
was  superseded^^^  by  a  constitutional  amendment  in  1912  which 
incorporated  the  recall  feature  into  the  organic  law  of  the  State. 
By  this  constitutional  amendment***  the  recall  in  Washington  is 
extended  to  all  local  elective  officers  except  judges  of  the  courts 
of  record.    A  recall  election  must  be  held  upon  the  presentation 


SPREAD  OF  COMMISSION  PLAN  115 

of  a  twenty-five  percent  petition  in  cities  of  the  first  class,  and 
a  thirty-five  percent  petition  in  other  cities  and  towns. 

Finally,  the  law  provides  that  any  city  operating  under  this 
act  for  over  six  years  can  abandon  the  plan  by  popular  election 
on  petition  of  twenty-five  percent  of  the  electors.  From  the 
passage  of  the  act  to  the  present  time  only  five  cities^^^  have 
elected  to  come  under  the  provisions  of  the  act.  Tacoma, 
Spokane,  and  Everett  have  adopted  the  commission  form  under 
the  home  rule  provision  of  tlie  Constitution. 

New  Jersey. — In  May,  1910,  Governor  Wilson  sent  a  special 
message  to  the  legislature  of  New  Jersey  urging  the  passage  of 
a  bill  which  would  give  the  cities  of  that  State  the  commission 
form  of  government,  with  the  initiative,  referendum,  and  recall. 
In  this  message  he  said  that  "the  changes  proposed  are  not 
experimental ;  they  have  been  tested  by  abundant  experience 
elsewhere,  and  I  am  sure  that  it  would  afford  all  thoughtful 
persons  cause  for  serious  disappointment  if  the  legislature  should 
not  avail  itself  of  the  opportunity."*'"  As  a  result  of  this 
message,  the  commission  law  of  New  Jersey,  known  as  the  Walsh 
law,*''^  was  passed  and  approved  on  April  25.  1911.  The  act  as 
amended  in  1912,  1913,  and  1914  is  applicable  to  cities,  towns, 
boroughs,  and  other  municipalities,  and  contains  such  features 
as  are  now  commonly  found  in  laws  of  this  kind.  It  provides  a 
commission  of  five  members  for  cities  of  ten  thousand  population 
or  over,  and  of  three  members  for  cities  of  smaller  size.  They 
are  chosen  simultaneously  for  terms  of  four  years.  The  original 
law  required  the  selection  of  candidates  through  primaries;  but 
this  feature  was  repealed  by  an  amendment  passed  in  1914, 
which  requires  candidates  to  be  nominated  directly  by  petition, 
and  also  makes  preferential  voting  compulsory  in  all  cities  oper- 
ating under  the  provisions  of  the  Walsh  law.''*  At  the  first 
meeting  after  election,  the  commissioners  elect  from  their  own 
members  a  mayor,  who  shall  be  the  presiding  officer  at  the 
meetings  of  the  commission  but  has  no  veto  power. 

' '  The  board  of  commissioners  shall  have  and  possess  all  admin- 
istrative, judicial  and  legislative  powers  and  duties  now  had 
and  possessed  and  exercised  by  the  mayor  and  city  council 
and  all  other  executive  or  legislative  bodies  in  said  city,  and 


116  COMMISSION  AND  MANAGER  PLANS 

have  complete  control  over  the  affairs  of  the  city";  and  such 
powers,  duties,  and  authority  are  distributed  among  the  five  or 
three  departments  as  the  case  may  be.^^^  The  mayor  is  ex-officio 
the  director  of  the  department  of  public  affairs;  and  the  other 
directors  of  departments  are  designated  by  a  majority  vote  of 
the  commissioners  at  their  first  meeting. 

The  initiative  can  be  invoked  at  the  general  election  on  peti- 
tion signed  by  ten  percent  of  the  voters  who  cast  a  ballot  at  the 
preceding  general  election;  and  a  fifteen  percent  petition  may 
secure  a  special  election.  Any  ordinance,  except  emergency 
measures  passed  by  a  two-thirds  majority  vote  of  the  commis- 
sion, is  subject  to  a  referendum  vote  within  ten  days  of  its  pass- 
age on  petition  signed  by  "electors  of  the  city  equal  in  number 
to  at  least  fifteen  per  centum  of  the  entire  vote  cast  at  the  last 
preceding  general  municipal  election".^''*  The  recall  is  made 
available  on  petition  of  fifteen  percent  of  the  voters,  but  officials 
are  immune  from  such  proceedings  for  at  least  a  year. 

The  act  above  analyzed  may  be  adopted  by  any  city  at  a 
popular  election  called  on  petition  signed  by  twenty  percent  of 
the  legal  voters;  and  when  adopted  any  city  may  abandon  the 
experiment  through  the  same  process,  but  the  petition  must 
be  signed  by  twenty-five  percent  of  the  electors.  The  people  of 
New  Jersey  have  been  very  enthusiastic  in  adopting  the  pro- 
visions of  this  act.  Thirty-two  cities""^  have  already  put  them- 
selves on  record  as  commission-governed  cities. 

Alabama. — At  the  session  of  1911  the  legislature  of  Alabama 
passed  a  series  of  acts  providing  for  the  commission  form  of 
government  in  cities  of  various  classes.  Two  of  these  laws, 
though  general  in  form,  are  applicable  only  to  the  cities  of 
Birmingham  and  Montgomery.  They  took  effect  without  sub- 
mission to  a  popular  vote.  But  two  other  acts  are  optional  and 
permissive  in  nature.  The  first  of  these  was  the  act  approved  on 
April  8th,  authorizing  the  adoption  of  the  commission  form  in 
any  city  not  within  the  sphere  of  any  of  the  other  commission 
laws  of  the  State.^''^  The  question  of  adoption  may  be  submitted 
to  a  popular  vote  on  petition  of  a  number  of  electors  equal  to 
one  percent  of  the  population,  on  the  basis  of  the  last  preceding 
Federal  census. 


SPREAD  OF  COMMISSION  PLAN  117 

Under  this  act  the  governing  body  is  a  board  of  three  mem- 
bers, to  be  elected  one  at  a  time  each  year  for  terms  of  three 
years.  Candidates  are  nominated  by  petition  of  three  percent 
of  the  voters,  but  party  nomination  is  not  forbidden.  The 
system  of  preferential  voting  is  incorporated  into  this  law. 
The  board  determines  the  distribution  of  functions  among  its 
members,  and  assigns  one  of  them  to  be  the  head  of  each  par- 
ticular department.  The  mayor  is  not  elected  as  such,  but  is 
chosen  by  the  board  from  among  its  own  members;  and  his 
powers  and  duties  are  also  determined  and  conferred  by  the 
board.  A  unique  feature  of  this  act  is  the  provision  that 
authorizes  the  Governor  of  the  State  to  have  the  books  of  the 
city  examined  by  the  State  examiner  of  public  accounts, 
the  expenses  of  the  examination  being  paid  by  the  city. 

There  is  no  provision  for  the  initiative,  nor  is  there  any  gen- 
eral provision  for  the  referendum.  But  on  petition  of  "a  num- 
ber of  voters  determined  by  the  ratio  of  one  to  every  three 
hundred  inhabitants  of  the  city  upon  payment  by  the  grantee 
of  a  deposit  to  cover  the  estimated  cost  of  a  special  election", 
franchise  grants  must  be  submitted  to  a  popular  vote.  The  re- 
call is  made  available  on  petition  of  twenty-five  percent  of  the 
voters.  On  petition  of  twenty  percent  of  the  voters,  and  after 
six  years  years  of  operation  under  this  act,  any  city  may  aban- 
don the  plan  and  return  to  the  old  form  of  government  by  a 
favorable  vote  at  a  special  election.  Mobile  is  the  only  city  that 
has  taken  advantage  of  this  law  since  1911.  In  fact,  Mobile 
is  the  only  city  that  comes  under  the  provisions  of  this  act,*''''  but 
there  is  a  series  of  acts  providing  the  commission  form  of  govern- 
ment for  cities  of  different  sizes. 

Only  fourteen  days  after  the  above  mentioned  law  went  into 
effect,  another  act  providing  commission  government  for  cities 
having  a  population  of  more  than  one  thousand  and  less  than 
twenty-five  thousand  was  approved  on  April  21st.*^^  The 
question  of  adoption  may  be  submitted  in  cities  of  the  prescribed 
size  on  a  petition  signed  by  voters  to  the  number  of  three  to 
every  one  hundred  of  the  population.  The  law  provides  for  the 
appointment  of  the  first  commission  by  the  Governor;  but  sub- 
sequent commissions  are  to  be  elected  by  popular  vote.     The 


118  COMMISSION  AND  MANAGER  PLANS 

governing  body  is  a  board  of  three  commissioners,  including  the 
mayor,  elected  for  terms  of  three  years  with  partial  renewal  an- 
nually. Candidates  are  nominated  by  a  petition  of  voters  equal  in 
number  to  one  to  every  hundred  of  the  population.  To  be  elected 
the  candidate  must  receive  a  majority  of  votes  cast ;  but  if  the 
first  election  fails  to  give  any  candidate  such  prescribed  ma- 
jority, a  second  election  is  to  be  held.  No  provision  is  made  in 
the  act  for  the  initiative  and  referendum,  but  the  recall  may  be 
invoked  on  a  twenty-five  percent  petition.  Since  the  passage  of 
this  act  eight  cities  have  elected  to  take  advantage  of  its  pro- 
visions.^''* 

California. — California  is  one  of  the  home  rule  States.  The 
Constitution  grants  cities  of  3500  inhabitants  or  over  the  right 
to  frame  and  adopt  charters  of  any  nature  drawn  up  by  boards 
of  freeholders,  subject  only  to  the  ratification  of  the  legislature. 
But  cities  of  less  than  3500  inhabitants  are  excluded  from 
enjoying  such  privileges.  In  order  to  permit  these  small  munic- 
ipalities to  adopt  the  commission  form  of  government  if  they  so 
desire,  the  legislature  in  1911  passed  an  act  granting  them  such 
authority.^*" 

The  law  authorizes  the  boards  of  trustees  of  cities  of  the  fifth 
and  sixth  classes  to  submit  to  the  voters  of  their  cities  at  any 
municipal  or  special  election  the  question  of  dividing  the  admin- 
istration of  the  city  into  five  departments,  of  providing  for  the 
assignment  of  their  several  members  as  heads  of  such  depart- 
ments, and  of  defining  the  duties,  powers,  and  responsibilities 
of  each  of  the  heads  of  departments.  A  majority  of  the  votes 
cast  at  the  election  will  carry  the  proposition. 

Provision  is  also  made  that  the  trustees  may  submit  the 
question  of  whether  or  not  the  officers  who  are  at  present 
elective,  or  any  of  them  other  than  the  trustees  themselves,  shall 
be  appointed  by  the  board.  The  names  of  the  officers  to  be 
included  must  be  specified  on  the  ballot.  If  the  proposition  is 
carried  at  the  election  the  specified  officers  shall  be  appointed  on 
the  expiration  of  the  terms  of  the  existing  incumbents. 

The  adoption  of  both  of  the  above  propositions,  in  the  lan- 
guage of  the  title  of  the  act,  ' '  provides  the  so-called  commission 
form  of  government".  But  thus  far  no  city  has  seen  fit  to 
adopt  the  provisions  of  the  act. 


SPREAD  OF  COMMISSION  PLAN  119 

Nebraska. — By  an  act^«^  approved  on  April  27,  1911,  Nebras- 
ka entered  the  list  of  States  in  which  commission  government 
may  be  adopted  by  certain  cities  through  the  simple  expedient 
of  a  referendum  vote.  The  Nebraska  act,  known  as  the 
"Banning  Law",  is  applicable  to  any  city  having  a  population 
of  5000  or  over,  and  may  be  taken  advantage  of  at  a  special 
election  called  within  twenty  days  after  the  filing  of  a 
petition  signed  by  twenty-five  percent  of  the  electors  voting  for 
mayor  at  the  preceding  city  election.  "When  adopted,  the  com- 
mission consists  of  three  councilmen  for  cities  of  from  five  to 
twenty-five  thousand;  of  five  councilmen  for  cities  of  from 
twenty-five  to  one  hundred  thousand;  and  of  seven  councilmen 
for  cities  of  more  than  one  hundred  thousand.  Another  unique 
feature  of  the  law  is  that  the  term  of  the  councilmen  is  not 
definitely  fixed,  but  follows  that  prescribed  in  the  old  charter. 
As  under  the  New  Jersey  law,  the  mayor  in  Nebraska  commis- 
sion-governed cities  is  not  elected  as  such,  but  is  chosen  by  the 
council  from  its  own  members. 

The  law  provides  for  non-partisan  primary  nominations  on 
petitions  signed  by  twenty-five  electors  in  cities  of  from  5000 
to  25,000,  and  by  one  hundred  electors,  in  cities  of  over  25,000. 
A  filing  fee  paid  to  the  city  treasurer  is  required  of  every 
candidate  to  meet  the  expenses  of  holding  the  primary.  Both 
at  the  primary  and  the  regular  election  the  names  of  the  candi- 
dates are  printed  on  the  ballot  according  to  the  rotation  system, 
so  that  each  name  appears  in  a  different  position  on  the  ballot  in 
each  election  district. 

Administrative  powers  and  duties  are  divided  among  the  de- 
partments, the  number  of  which  corresponds  to  the  number  of 
commissioners.  To  each  of  these  departments  the  council  as- 
signs, by  majority  vote,  one  of  its  members  to  be  the  head. 

The  initiative  is  made  available  on  the  basis  of  fifteen  percent 
petitions  for  special  elections  and  ten  percent  petitions  for 
regular  elections.  The  referendum  is  applicable  to  any  ordi- 
nance except  emergency  measures  which  contain  a  statement  of 
their  urgency,  on  petition  signed  by  fifteen  percent  of  the  voters. 
A  recall  election  may  be  called  on  a  thirty  percent  petition; 
but  the  percentage  in  this  case  is  based  on  the  highest  vote  cast 


120  COMMISSION  AND  MANAGER  PLANS 

for  any  candidate  for  councilman  at  the  last  preceding  municipal 
election. 

Operation  under  the  law  may  be  abandoned  after  a  four  years 
trial,  and  the  city  may  then  return  to  the  plan  provided  by  the 
general  laws  of  the  State  by  vote  of  the  people  at  a  special 
election  called  upon  petition  signed  by  twenty-five  percent  of 
the  voters.  In  Nebraska  only  four  cities  have  adopted  the  com- 
mission plan.^*^ 

New  Mexico. — As  early  as  1909,  when  New  Mexico  was  still  a 
Territory,  a  law  was  enacted  allowing  any  city  having  3000  in- 
habitants or  over  "to  be  governed  by  a  mayor  and  not  less  than 
two  commissioners  nor  more  than  four  commissioners,  all  elected 
at  large",  who,  "when  elected,  shall  organize  and  divide  the 
government  of  the  city  into  departments  ....  and  each  de- 
partment shall  be  presided  over  by  either  the  mayor  or  a  member 
of  the  commission.  "^*^  The  commission  was  empowered  to  em- 
ploy a  superintendent  of  city  affairs,  who  should  have  entire 
charge  of  the  administrative  functions  of  the  city.  This  super- 
visor system  was  identical  in  all  essential  respects  with  the 
present  commission-manager  plan.  By  the  Territorial  law  of 
1909  the  cities  of  New  Mexico  were  granted  the  option  of  either 
adopting  the  supervisor  system  or  the  commission  plan  which 
was  provided  in  the  last  section  of  the  act. 

The  Territorial  act  of  1909  was  repealed  in  1913,  when  a  gen- 
eral commission  law  was  enacted  by  the  legislature  of  the  State 
of  New  Mexico.  This  is  an  optional  permissive  laAV,  applicable 
to  any  city  on  adoption  at  a  special  election,  conditioned  on  a 
twenty-five  percent  petition.  The  governing  body  provided  for 
is  the  usual  commission  of  three  members,  including  the  mayor. 
Their  terms  of  office  are  three  years.  Each  member  takes  up  the 
administration  and  supervision  of  a  particular  department 
assigned  to  him  by  the  commission  as  a  whole.  After  four  years 
trial  in  any  city  the  plan  may  be  abandoned  by  a  vote  at  a 
special  election  conditioned  on  a  twenty-five  percent  petition. 
The  law  makes  no  provision  for  the  initiative,  referendum,  and 
recall.''^*  Las  Vegas,  a  city  of  about  4000  population,  is  the 
only  city  where  the  plan  has  been  in  operation  since  1913.*** 


SPREAD  OF  COMMISSION  PLAN  121 

Missouri. — In  1913  the  Forty-seventh  General  Assembly  of 
Missouri  passed  two  general  laws  providing  for  the  commission 
plan  of  city  government :  one  law  was  for  cities  of  the  second 
class,  and  the  other  was  for  cities  of  the  third  class.  The  com- 
mission law  for  cities  of  the  second  class  is  obligatory  in  nature 
and  will  be  considered  in  another  part  of  this  chapter.  The 
other  act,  entitled  an  act  to  provide  "an  alternative  form  of 
government",  is  applicable  to  "any  city  of  the  third  class  in- 
cluding any  such  city  acting  under  special  charter  or  any  city 
now  having  or  which  may  hereafter  have  a  population  entitling 
them  to  become  cities  of  the  third  class."*®®  The  question  of 
organizing  as  a  city  under  this  act  may  be  submitted  at  a  special 
election  on  petition  of  electors  equal  in  number  to  twenty-five 
percent  of  the  vote  cast  for  all  candidates  for  mayor  at  the 
last  preceding  city  election. 

The  governing  body  provided  by  this  act  consists  of  a  mayor 
and  two  councilmen  for  cities  having  a  population  of  three 
thousand  and  less  than  twelve  thousand ;  a  mayor  and  three 
councilmen  for  cities  having  a  population  of  twelve  thousand 
and  less  than  twenty  thousand;  and  a  mayor  and  four  council- 
men  for  cities  having  a  population  of  tAventy  thousand  and 
not  more  than  thirty  thousand.  Candidates  for  mayor  and 
councilman  are  nominated  by  a  primary  election  at  which  any 
person  can  become  a  candidate  by  filing  with  the  city  clerk  at 
least  ten  days  before  the  election  a  statement  of  such  candidacy ; 
but  in  cities  having  a  population  of  seven  thousand  or  over, 
such  statement  must  at  the  same  time  be  accompanied  by  a 
petition  of  at  least  twenty-five  qualified  voters.*^'' 

The  executive  and  administrative  powers,  authority,  and  duties 
are  divided  among  the  following  departments :  public  affairs, 
accounts  and  finance,  public  safety,  streets  and  public  improve- 
ments, and  parks  and  public  property.  The  mayor  is  the  super- 
intendent of  the  department  of  public  affairs,  and  the  council 
designates  by  a  majority  vote  one  councilman  to  be  superin- 
tendent of  each  of  the  other  departments ;  but  in  cities  having  a 
population  of  less  than  twenty  thousand,  one  councilman  may 
be  assigned  to  take  charge  of  the  affairs  of  two  depart- 
ments.^^® 


122  COMIVIISSION  AND  MANAGER  PLANS 

The  initiative  is  made  available  at  a  special  election  on 
petition  of  twenty-five  percent  of  the  voters,  and  at  a  general 
election  on  a  ten  percent  petition.  Both  the  referendum  and 
the  recall  may  be  invoked  on  petition  of  twenty-five  percent  of 
the  voters.  The  appointment  of  a  civil  service  commission  of 
two  members  is  obligatory  in  cities  having  a  population  of  between 
twenty  and  thirty  thousand,  and  optional  in  cities  having  a 
population  of  between  ten  and  twenty  thousand.  But  ''in  all 
cases  in  which  no  civil  service  commissioners  are  appointed  by 
the  council,  the  council  shall  have  the  same  powers  and  duties 
devolving  upon  such  commissioners."^*^ 

The  plan  may  be  abandoned  by  cities  which  have  adopted  it  at 
a  special  election  called  in  response  to  a  twenty-five  percent 
petition.  Following  the  enactment  of  this  law  only  four  cities''" 
in  Missouri  have  elected  to  come  under  its  provisions. 

Tennessee. — On  January  28,  1913,  a  meeting  of  mayors  of 
Tennessee  was  held  at  Nashville  to  draft  a  bill  permitting  all 
the  cities  and  towns  of  the  State  to  adopt  the  commission  form 
of  government.  A  bill  of  this  character  was  subsequently  intro- 
duced into  the  legislature  and  written  into  the  statute  books  of 
Tennessee  in  September  of  the  same  year.«'^  The  law  is 
applicable  to  any  municipality  not  yet  incorporated  under  a 
special  charter  providing  for  the  commission  form,  and  may 
be  adopted  at  a  special  election  called  on  a  petition  of  twenty 
percent  of  the  voters.  Operation  under  this  act  may  be  discon- 
tinued after  six  years  trial  by  vote  of  the  people  at  an  election 
caUed  in  response  to  a  twenty-five  percent  petition  of  the  voters. 

The  governing  body  under  this  act  is  a  commission  of  five 
members,  elected  for  terms  of  four  years,  for  cities  having  a 
population  of  10,000  or  over,  and  of  three  members  for  cities 
having  less  than  10,000  inhabitants.  The  mayor  is  chosen  by 
the  commissioners  from  among  their  own  number;  and  by  a 
majority  vote  the  commission  assigns  the  different  departments 
to  its  members.  There  are  provisions  for  the  initiative  and 
referendum,  but  none  for  the  recall.  The  initiative  and  refer- 
endum may  be  invoked  on  petition  of  fifteen  percent  of  the 
electors  voting  at  the  preceding  election ;  but  within  a  period  of 
six  months  only  one  special  election  can  be  called.     The  refer- 


SPREAD  OF  COMMISSION  PLAN  123 

endum  is  not  applicable  to  measures  declared  by  a  two-thirds 
vote  of  the  eommissioners  to  be  emergency  measures. 

In  Tennessee  there  are  at  present  about  thirteen  cities  oper- 
ating under  the  commission  form  of  government,  but  most  of 
them  have  adopted  the  new  plan  under  provisions  of  special  acta. 
Only  one  city,  Lawrenceburg,  has  elected  to  come  under  the 
provisions  of  the  general  law  above  outlined.^''* 

Arkansas. — In  1913  a  general  optional  commission  law  was 
enacted  in  Arkansas.^^^  It  is  applicable  to  cities  having  a 
population  of  between  18,000  and  40,000.  The  question  of 
adoption  may  be  submitted  on  petition  of  twenty-five  percent  of 
the  number  of  votes  for  Governor  at  the  last  preceding  election. 
The  government  of  the  city  under  this  plan  is  vested  in  a  mayor 
and  four  commissioners,  elected  by  the  city  at  large  for  terms 
of  four  years.  Candidates  are  required  to  designate  on  the 
ballot  the  departments  which  they  respectively  prefer. 

The  city  commission  is  required  by  the  law  to  appoint  a 
civil  service  commission  of  three  members.  By  a  two-thirds 
vote  of  the  civil  service  commissioners,  any  of  the  city  commission- 
ers may  be  removed.  The  city  commissioners  may  also  be  re- 
moved by  the  recall  election,  which  may  be  invoked  on  petition 
of  thirty-five  percent  of  the  number  of  voters  at  the  preceding 
general  municipal  election.  The  initiative  is  made  available  at 
a  special  election  on  petition  of  twenty-five  percent  of  the 
voters,  and  at  a  general  election  by  fifteen  percent  petition.  The 
original  law  provides  for  a  referendum  only  on  franchises, 
which  may  be  invoked  on  a  twenty-five  percent  petition.  But 
by  another  law  a  municipality  may  submit  its  ordinances  to  a 
referendum  vote  on  petition  of  twenty  percent  of  the  voters. 
Certain  ordinances,  like  those  providing  for  the  support  of  the 
city  government,  for  deficiencies  in  former  appropriations,  for 
the  granting  of  police  powers,  and  for  other  emergencies  are 
exempt  from  such  proceedings.  It  is  further  provided  that 
before  the  submission  of  an  ordinance  to  a  referendum  vote,  the 
Secretary  of  State  must  be  requested  to  give  his  opinion  as  to 
whether  the  ordinance  in  question  is  in  conflict  with  the  Con- 
stitution or  laws  of  the  State.  Fort  Smith  is  the  only  city  m 
the  State  which  has  taken  advantage  of  the  law  since  1913.*^*    In 


124  COMMISSION  AND  MANAGER  PLANS 

fact,  the  commission  law  in  Arkansas  was  framed  primarily  for 
the  benefit  of  Fort  Smith. 

Nevada. — In  1915  the  State  of  Nevada  was  added  to  the  long 
list  of  States  which  have  already  enacted  commission  govern- 
ment laws.  But  the  Nevada  law^^^  differs  from  all  the  laws  here- 
tofore considered  in  that  it  enables  the  city  or  town  not  only  to 
adopt  the  commission  form  of  government  but  also  to  frame  its 
own  charter.  At  the  same  time,  it  differs  from  the  so-called 
"home  rule"  States  in  that  the  home  rule  charter  system  in 
Nevada  is  provided  not  by  constitutional  amendment  but  by 
legislative  enactment,  and  furthei,  that  the  charter  framed  in 
Nevada  must  be  a  commission  charter.  Thus,  the  situation  in 
Nevada  in  this  regard  is  rather  unique.  There  is  a  law  enabling 
any  city  or  town  to  adopt  the  commission  form  of  government, 
but  this  is  nothing  more  than  an  enabling  act.  All  the  details 
of  the  charter  are  left  to  be  worked  out  by  the  city  itself.  The 
procedure  in  charter-making,  however,  is  minutely  prescribed  in 
the  law. 

On  petition  of  one-fourth  of  the  qualified  voters  of  the  city 
declaring  their  desire  to  adopt  a  commission  form  of  govern- 
ment, an  election  may  be  called  to  select  fifteen  qualified  electors 
for  the  purpose  of  framing  a  charter  for  such  city  or  town, 
having  for  its  object  the  establishment  of  the  commission  form 
of  government.  Candidates  are  nominated  by  petition  of  one- 
fifth  of  the  qualified  voters,  and  elected  by  the  city  at  large. 
When  elected  they  must  convene  within  ten  days  after  the 
election  and  frame  the  charter,  which  must  be  submitted  within 
thirty  days  thereafter  to  the  legislative  authority  of  the  city. 

The  proposed  charter  must  then  be  published  in  the  news- 
papers of  the  city,  or  posted  for  thirty  days  in  three  of  the  most 
public  places  in  the  city  if  there  is  no  newspaper.  When  the 
affidavit  of  the  publisher  or  of  the  person  posting  the  notice 
has  been  filed  with  the  city  clerk,  showing  compliance  with  the 
above  provision,  the  legislative  authority  must  within  five  days 
thereafter  provide  for  the  submission  of  the  charter  to  the  quali- 
fied voters  of  the  city  at  a  special  election,  which  is  to  be  con- 
ducted in  accordance  with  the  general  election  laws  of  the  State. 


SPREAD  OF  COMMISSION  PLAN  125 

If  after  the  election  it  is  found  that  a  majority  of  the  votes 
are  in  favor  of  the  ratification  of  the  charter,  it  shall  become 
the  organic  law  of  the  city  and  shall  supersede  any  existing 
charter  when  properly  authenticated,  recorded,  and  attested. 

Finally,  the  law  provides  that  any  city  or  town  having 
adopted  such  a  charter  shall  have  "all  of  the  powers  enumer- 
ated in  the  general  laws  of  the  state  for  the  incorporation  of 
eitiPK.  and  tovns,  and  such  other  power  necessary  and  not  in 
conflict  with  the  constitution  and  laws  of  the  State  of  Nevada 
to  carry  out  the  commission  form  of  government;  and  such 
charter,  when  submitted,  shall  fix  the  number  of  commissioners, 
their  terms  of  office,  and  their  duties  and  compensation,  and  shall 
provide  for  all  necessary  appointive  and  elective  officers,  for  the 
form  of  government  therein  provided,  and  fix  their  salaries  and 
emoluments,  their  duties  and  powers,  and  shall  fix  the  time  for 
the  first  and  subsequent  elections  for  all  elective  officers,  and 
after  such  first  election  and  qualifications  of  the  officers  thereat 
elected,  the  old  officers,  and  all  houses,  boards,  or  officers  shall 
be  abolished,  together  with  the  emoluments  thereof,  and  shall 
cease  to  exist. '  '^^^ 

Amendments  to  the  charter  may  be  proposed  and  submitted 
to  the  qualified  voters  by  a  majority  of  the  commissioners  at  any 
time.  But  the  commissioners  must  submit  amendments  when 
petitioned  so  to  do  by  ten  percent  of  the  qualified  electors  voting 
at  the  last  regular  city  election,  setting  forth  the  proposed 
amendment.  But  thus  far,  this  law  has  not  been  taken  ad- 
vantage of  by  any  city  or  town  of  the  State. 

STATES  WITH   OBLIGATORY    SELF-EXECUTING   COMMISSION   LAWS 

Jjtah. — As  early  as  1907  the  State  of  Utah  made  its  first 
attempt  to  secure  a  commission  government  law  from  the  legis- 
lature. But  the  opposition  of  the  dominant  political  party  to  a 
change  from  the  old  form  of  government  was  so  strong  that  the 
bills  introduced  were  smothered  in  the  committee.  Again,  in 
the  fall  of  1909  a  committee  was  sent  by  the  Civic  Improvement 
League  of  Salt  Lake  City  to  Des  Moines  to  investigate  and  report 
on  the  results  of  the  commission  government  there.  Favorable 
reports   of   this   investigation   were   soon   published,    and   bills 


126  COMMISSION  AND  MANAGER  PLANS 

modelled  on  the  Des  Moines  plan  were  introduced  into  the  legis- 
lature in  1909.  This  time  the  biUs  passed  the  legislature,  only 
to  be  vetoed  by  the  Governor.  In  1911  a  third  attempt  was 
made  in  which  the  friends  of  the  commission  plan  were  success- 
ful. The  bills  were  passed  and  received  the  Governor's  signa- 
ture. But  in  order  to  gain  this  end  the  initiative,  referendum, 
and  recall  were  all  eliminated.^^' 

The  peculiar  feature  of  the  Utah  law*^*  is  that  it  places  all 
incorporated  cities  of  every  class  under  a  commission  form  of 
government,  and  that  the  cities  are  given  no  option  in  the 
matter,  as  the  law  is  self -executing  and  requires  no  vote  to  put 
it  into  effect.  The  law  specifically  provides  that  "the  municipal 
government  of  all  cities  of  the  first  class  is  hereby  vested  in  a 
board  of  five  commissioners,  consisting  of  a  mayor  and  four 
commissioners,  and  in  cities  of  the  second  class  in  a  board  of 
commissioners,  consisting  of  a  mayor  and  two  commissioners  to 
be  known  as  the  board  of  commissioners  of  their  respective  cities. 
The  municipal  government  of  all  cities  of  the  third  class  is  here- 
by vested  in  a  mayor  and  city  council.  The  city  council  shall  be 
composed  of  five  councilmen,  chosen  at  large  by  the  qualified 
voters  of  the  city."*'' 

Provision  is  made  for  the  election  of  a  city  auditor,  instead 
of  providing  for  his  appointment  by  the  commissioners.  Parti- 
san nominations  may  be  made  by  a  convention,  but  all  candi- 
dates must  file  a  petition  of  nomination  signed  by  one  hundred 
voters.  At  the  primary  election  candidates  equal  to  twice  the 
number  of  offices  to  be  filled  are  chosen,  and  they  are  the  only 
candidates  at  the  general  election.  When  elected  the  mayor  and 
commissioners  of  cities  of  the  first  class,  the  commissioners  of 
cities  of  the  second  class,  and  one  councilman  of  cities  of  the 
third  class  are  to  hold  office  for  four  years;  and  the  mayor  of 
cities  of  the  second  class,  four  councilmen  of  cities  of  the  third 
class,  and  the  auditor  are  to  hold  office  for  two  years. 

The  board  of  commissioners  possesses  and  exercises  all  legis- 
lative, executive,  administrative,  and  judicial  powers,  which 
are  distributed  among  the  usual  five  commissioner-departments: 
public  affairs  and  finance,  water  supply  and  waterworks,  public 
safety,  streets  and  public  improvements,  and  parks  and  public 


SPREAD  OF  COMMISSION  PLAN  127 

property.  At  its  first  regular  meeting  the  board  designates 
by  a  majority  vote  one  of  its  members  to  be  the  superintendent 
of  each  department,  but  "such  designation  shall  be  changed 
whenever  it  appears  that  the  public  service  shall  be  benefited 
thereby". 

By  this  law,  which  became  effective  at  the  beginning  of  the 
year  1912,  all  the  incorporated  cities  of  every  class  in  the  State 
of  Utah  were  placed  under  the  commission  form  of  government. 

Alabama. — In  Alabama  there  is  a  series  of  commission  laws, 
all  passed  during  the  legislative  session  of  1911.  Two  of  these 
laws,  which  have  already  been  analyzed,  are  permissive  in  na- 
ture; while  the  others  took  effect  without  any  submission  to  a 
popular  vote.  The  first  of  these  mandatory  acts*""  is  one  relating 
to  cities  of  100,000  inhabitants  or  over.  This  act,  though  gen- 
eral in  form,  is  applicable  only  to  the  city  of  Birmingham  as 
this  is  the  only  city  in  the  State  that  has  the  requisite  number 
of  people.  Under  this  act  the  first  board  of  commissioners  was 
to  consist  of  the  mayor  of  the  city  at  the  time  when  this  act  was 
approved,  who  was  to  hold  office  for  two  years,  and  two  other 
commissioners  appointed  by  the  Governor  for  terms  of  three  and 
four  years,  respectively.  At  the  expiration  of  the  terms  of  the 
first  commissioners,  their  successors  are  to  be  nominated  by 
petition  and  elected  by  the  people.  A  second  election  is  to  be 
held  within  one  week,  if  the  first  election  fails  to  give  any  can- 
didate a  majority  of  the  votes  cast.  The  terms  of  these  elective 
commissioners  are  three  years,  with  partial  renewal  annually. 
No  provision  is  made  for  the  initiative  and  referendum,  except 
on  franchises ;  but  recall  elections  on  petition  of  three  thousand 
qualified  voters  are  made  applicable  to  the  commissioners. 

Another  act*"^  of  a  similar  nature  was  passed  about  the  same 
time.  This  act  related  to  cities  having  a  population  of  more  than 
twenty-five  and  less  than  fifty  thousand.  Like  the  other  act, 
this  law  is  applicable  only  to  the  city  of  Montgomery.  The 
mayor  at  the  time  of  the  passage  of  this  act  was  to  be  the  ex-officio 
mayor  for  four  years ;  and  he,  together  with  four  commissioners 
appointed  by  the  Governor,  constituted  the  first  board  of  com- 
missioners. All  the  other  provisions  relating  to  the  commission 
are  practically  the  same  as  the  provisions  in  the  act  discussed 


128  COMMISSION  AND  MANAGER  PLANS 

above.  There  is  no  initiative  provision,  but  the  referendum  is 
made  available  on  a  twenty-five  percent  petition,  and  the  recall 
on  petition  of  a  thousand  voters.  Unlike  the  act  for  Birming- 
ham, which  can  only  be  repealed  by  legislative  enactment,  the 
commission  government  under  the  act  for  Montgomery  can  be 
abandoned,  after  four  years  of  operation,  by  popular  vote  at  an 
election  called  upon  petition  of  one  thousand  voters. 

Pennsylvania. — In  Pennsylvania^^^  the  commission  form  of 
city  government  was  first  considered  in  1908,  when  there  were 
but  twelve  cities  in  the  country  operating  under  this  plan.  In 
1909  the  subject  was  favorably  considered  by  the  Chamber  of 
Commerce  of  Pittsburg.  A  convention  was  held  in  October, 
1910,  at  Williamsport  for  the  purpose  of  discussing  commission 
government,  and  a  permanent  organization  under  the  name  of 
"Municipal  Government  by  Commission  Committee  of  Allied 
Civic  Bodies  of  Pennsylvania"  was  immediately  formed.  In 
the  next  year  bills  were  presented  to  the  legislature  providing 
for  the  commission  plan  of  government  for  cities  of  the  second 
and  third  classes,  but  the  legislature  declined  to  pass  the 
measures.  The  reform  movement,  however,  did  not  die  with 
these  bills.  Great  pressure  was  brought  to  bear  upon  the  legis- 
lature by  cities  of  the  second  class;  and  as  a  result  Pittsburg 
and  Scranton  received  the  benefits  of  some  features  of  the  new 
plan.  The  cities  of  the  third  class  continued  the  effort  to  secure 
the  commission  form,  largely  through  their  respective  civic  or- 
ganizations, acting  under  the  direction  of  the  Allied  Civic 
Bodies  Committee.  In  1913  another  bill  was  presented  to  the 
legislature;  and  this  measure  passed  both  houses  and  was  ap- 
proved on  June  27th.^''^ 

The  law^^^  provides  for  the  commission  form  of  government 
for  all  cities  of  the  third  class  without  a  local  referendum  for 
its  adoption,  and  therefore  affects  every  city  in  Pennsylvania 
except  Philadelphia,  Pittsburg,  and  Scranton.  By  another  act 
approved  ou  July  8th,  this  law  is  also  made  applicable  to  the 
forty-two  boroughs  of  the  State  having  a  population  of  over 
10,000  by  being  submitted  to  a  vote  at  a  special  election  on 
petition  of  one  hundred  qualified  electors  or  by  resolution  of 
the  council  or  the  corporate  authority  of  such  borough. 


SPREAD  OF  COMMISSION  PLAN  129 

The  governing  body  provided  by  the  law  is  the  council,  com- 
posed of  the  mayor  and  four  eouncilmen.  On  petition  signed  by 
twenty-five  qualified  registered  voters  of  the  city,  the  name  of 
any  person  may  be  proposed  for  any  elective  municipal  office, 
and  may  be  placed  on  the  primary  ballot  in  the  order  to  be 
determined  by  drawing  lots.  The  persons  receiving  the  highest 
number  of  votes,  up  to  double  the  number  of  persons  to  be 
elected,  are  the  only  candidates  at  the  regular  election.  Both 
primary  and  regular  elections  are  conducted  on  a  non-partisan 
plan.  When  elected  the  mayor  holds  his  office  for  four  years 
and  the  councilman  for  two  years.  The  controller  is  the  only 
other  elective  officer  besides  the  mavor  and  the  eouncilmen,  and 
he  is  elected  in  the  same  way  and  holds  office  for  four  years. 
All  other  officers,  including  the  city  solicitor,  city  engineer,  city 
treasurer,  city  assessor,  and  city  clerk  are  appointed  by  the 
council  for  terms  of  tAvo  years.  There  is  no  civil  service 
provision  in  the  law. 

The  legislative  power  of  every  city  of  the  third  class  is  vested 
by  the  act  in  the  council ;  while  the  executive  and  administrative 
powers,  authority,  and  duties  are  distributed  and  divided  among 
five  departments:  public  affairs,  accounts  and  finance,  public 
safety,  streets  and  public  improvements,  and  parks  and  public 
property.  The  mayor  is  ex-officio  superintendent  of  the  de- 
partment of  public  affairs,  and  the  council  designates  by  a 
maiority  vote  each  of  the  members  to  be  superintendent  of  a 
particular  department. 

A  rather  peculiar  provision  for  the  salaries  of  the  mayor  and 
eouncilmen  is  to  be  found  in  the  Pennsylvania  law.  It  provides 
that  the  council  shall,  by  ordinance,  fix  the  amount  of  the  salary 
to  be  paid  to  the  mayor  and  the  eouncilmen  for  their  services, 
but  the  salary  paid  to  the  mavor  shall  not  be  less  than  five 
hundred  dollars  nor  more  than  three  thousand  five  hundred 
dollars  per  year;  and  that  for  any  councilman  not  less  than  two 
hundred  and  fifty  nor  more  than  three  thousand  dollars  per 
year.'^"^  This  provision,  as  Mr.  Fuller  and  some  of  the  other 
originators  of  the  law  have  freauently  pointed  out,  has  this 
advantage,  "that  the  flexibility  of  the  plan  will  enable  the  cities 
of  the  third  class  to  adopt  the  City-Manager  or  Business-Man- 


130  COMMISSION  AND  MANAGER  PLANS 

ager  plan  of  city-government,  if  they  so  desire,  and  add  but 
little  to  the  cost  of  administration";  because,  by  fixing  the 
salaries  of  the  mayor  and  councilmen  at  the  low  figure,  it  is 
feasible  to  devote  the  amount  thus  saved  to  the  salary  of  the 
manager.'J''^ 

The  law  makes  no  provision  for  the  recall ;  but  the  initiative 
and  referendum  are  made  available  either  at  special  or  general 
elections,  on  a  petition  signed  by  voters  equal  in  number  to 
twenty  percent  of  all  votes  east  for  all  candidates  for  mayor  at 
the  last  preceding  municipal  election.  In  order  that  an  initia- 
tive petition  may  be  circulated,  a  written  request  for  it  must 
be  filed  with  the  city  clerk,  signed  by  one  hundred  qualified 
electors  and  asking  that  a  petition  be  prepared.  All  ordinances, 
except  those  for  the  immediate  preservation  of  the  public  peace, 
health,  or  safety,  containing  a  statement  of  urgency,  are  subject 
to  a  referendum  vote  within  ten  days  after  their  final  passage. 

Missouri. — The  Missouri  commission  law  for  cities  of  the 
second  class  is  obligatory  in  nature.*"''  It  specifically  provides 
that  every  city  of  the  second  class  '  *  shall  be  governed  by  a  coun- 
cil, consisting  of  the  mayor  and  four  commissioners. "  The  coun- 
cil "shall  exercise  the  corporate  powers  of  such  city,  and  shall 
be  vested  with  all  powers  of  legislation  in  municipal  affairs, 
touching  every  object,  matter  and  subject  within  the  purview 
of  the  local  self-government  conferred  upon  every  city  of  the 
second  class,  not  inconsistent  with  the  Constitution  and  laws  of 
the  State  of  Missouri,  and  of  this  article."  Again,  the  council 
"shall  have  control  and  supervision  over  all  the  departments  of 
the  city  .  .  .  .and  to  that  end,  shall  have  power  to  make  and 
enforce  such  rules  and  regulations  as  they  may  see  fit  and  proper 
for  the  organization,  management  and  operation  of  all  the 
departments  of  the  city,  and  whatever  agencies  may  be  created 
for  the  administration  of  its  affairs."*"^ 

The  executive  and  administrative  powers  and  duties  are 
distributed  among  five  departments:  safety  and  public  affairs, 
revenues,  public  health  and  sanitation,  streets  and  public  im- 
provements, and  public  property  and  public  utilities.  The 
mayor  is  required  by  law  to  be  the  commissioner  of  the  depart- 
ment of  safety  and  public  affairs;   and  the  commissioners  of 


r 


SPREAD  OP  COMMISSION  PLAN  131 


other  departments  are  elected  as  such.  The  mayor,  the  commis- 
sioners, together  with  a  municipal  judge,  are  the  only  elective 
officers.  Candidates  are  to  be  nominated  at  a  primary  at  which 
any  person  can  become  a  candidate  by  paying,  at  least  ten  days 
before,  "&  filing  fee  of  ten  dollars  to  the  city  clerk",  and  filing 
"with  said  clerk  a  statement  of  such  candidacy".  All  the  elect- 
ive officers  are  to  hold  office  for  four  years,  but  may  be  removed 
at  any  time  through  the  process  of  recall  election,  which  is  made 
available  on  a  petition  representing  twenty  percent  of  the  en- 
tire vote  cast  for  mayor  at  the  last  preceding  general  election 
of  the  city.  The  initiative  is  included  on  the  basis  of  a  five  per- 
cent petition,  but  a  fifteen  percent  petition  may  call  for  a 
special  election.  All  ordinances  except  those  passed  by  a  four- 
fifths  vote  of  the  council  as  emergency  measures  are  subject  to 
a  referendum  vote  upon  petition  of  ten  percent  of  the  voters, 
but  referenda  on  franchises  and  on  the  sale  of  municipal  utili- 
ties owned  by  the  city  are  compulsory. 

The  mayor  is  required  to  appoint,  with  the  advice  and  con- 
sent of  the  council,  a  civil  service  commission  of  four  members 
for  terms  of  four  years.  It  is  the  duty  of  this  commission  to 
provide  "for  the  classification  of  all  employments  in  the  various 
city  departments  of  administration  ....  for  open,  competitive, 
and  free  examinations  as  to  fitness;  for  an  eligible  list  from 
which  the  vacancies  shall  be  filled;  for  a  period  of  probation 
before  employment  is  made  permanent;  and  for  the  promotion 
on  the  basis  of  merit,  experience  and  record."^"' 

STATES  WITH  OPTIONAL  MODEL  CHARTER  LAWS 

Ohio. — In  1912  Ohio,  by  a  constitutional  amendment,  granted 
to  all  cities  the  privilege  of  framing  their  own  charters.  In 
fact  two  methods  for  securing  city  charters  are  provided  in  the 
Constitution  of  Ohio  as  amended  in  1912.  The  first  method  calls 
for  a  commission  to  draft  a  charter  to  be  adopted  or  rejected  by 
the  electorate  of  the  municipality ;  while  the  second  one  provides 
for  the  passage  by  the  State  legislature  of  general  laws  for  the 
incorporation  of  cities  and  villages  which  shall  become  operative 
when  they  are  submitted  to  and  ratified  by  the  people  of  the 
municipality. 'f^"    Under  the  second  plan  the  legislature  in  1913 


132  COMMISSION  AND  MANAGER  PLANS 

passed  "An  Act  to  provide  optional  plans  of  government  for 
municipalities  and  permitting  the  adoption  thereof  by  popular 
vote." 

This  model  law  of  Ohio  carries  out  the  so-called  "triple- 
option"  method,  embodying  three  different  forms  of  city  gov- 
ernment— the  commission  plan,  the  city  manager  plan,  and  the 
federal  plan.  Any  one  of  these  plans  may  be  adopted  by  any 
city  at  an  election  called  in  response  to  a  petition  signed  by 
electors  of  the  city  ' '  equal  in  number  to  ten  per  centum  of  those 
who  voted  at  the  last  regular  municipal  election",*^-'  The  peti- 
tion must  specify  the  form  of  government  to  be  voted  upon ;  and 
if  the  proposition  of  adopting  one  of  the  three  plans  of  govern- 
ment is  approved  by  a  majority  of  those  voting  thereon,  that 
plan  "shall  go  into  effect  upon  the  first  day  of  January  follow- 
ing the  next  regular  municipal  election  ".^^^  Should  the  prop- 
osition of  adopting  one  of  these  plans  fail  to  be  approved  by  the 
electors  of  the  municipality,  the  same  proposition  can  not  be 
again  submitted  within  the  next  year.  "Any  municipality 
which  shall  have  operated  for  five  years  under  any  plan  provided 
in  this  act  may  abandon  such  organization"  in  favor  of  another 
plan  by  popular  election  demanded  by  a  ten  percent  petition.*^* 
Under  the  commission  plan  of  this  model  charter  law  there  is  to 
be  a  commission  of  three  members  for  cities  having  'ess  than 
10,000  inhabitants,  and  of  five  members  for  other  cities.  AU  the 
commissioners  are  elected  on  a  non-partisan  basis  and  from  *he 
municipality  at  large.  They  are  to  hold  office  for  four  years. 
The  commission  is  vested  with  all  "powers  conferred  upon 
municipalities  by  the  constitution  of  Ohio,  and  any  additional 
powers  which  have  been  or  may  be  conferred  upon  municipalities 
by  the  General  Assembly".  The  commission  is  required  to  meet 
in  legislative  session  at  least  twice  each  month  and  in  adminis- 
trative session  at  least  once  each  week,  but  "no  legislative 
business  shall  be  considered  or  acted  upon  at  administrative 
sessions".  Administrative  officers,  including  a  clerk,  a  treasurer, 
an  auditor,  and  a  solicitor,  are  enumerated  in  the  law,  and 
provision  is  made  for  the  appointment  of  these  offi.cers  by  rhe 
commission.  But  the  commission  also  has  aathority  to  "create 
and  discontinue  departments,  offices,  and  employments;  to  ap- 


SPREAD  OF  COMMISSION  PLAN  133 

point  or  provide  for  the  appointment  of  all  officers  or  employees 
of  the  municipality;  to  remove  any  such  officers  or  employees 
by  a  majority  vote  of  all  members".  There  is  no  provision  made 
in  the  law  for  the  division  of  administrative  work  into  depart- 
ments, but  the  commission  "may,  at  its  discretion,  assign  the 
direction  or  supervision  of  particular  departments  or  branches 
of  the  government  to  individual  commissioners ;  but  such  action 
shall  in  no  manner  release  the  commission  as  a  whole  from 
responsibility  or  the  condition  of  any  department  or  branch 
of  government  so  assigned.  "^^* 

Provision  is  made  for  a  civil  service  commission  of  three  mem- 
bers to  be  appointed  by  the  commissioners.  The  initiative  and 
referendum,  as  provided  in  the  general  law,  are  provided  for  in 
the  commission  plan  as  well  as  in  the  other  plans.  Both  are 
available  on  a  ten  percent  petition.  But  the  recall  is  left 
optional,  the  voters  are  required  to  vote  for  or  against  it  at  the 
time  when  they  vote  on  the  question  of  adopting  the  new  plan. 

Thus  far,  Middletown  is  the  only  city  adopting  the  straight 
commission  plan  as  provided  for  in  this  optional  charter  law.*^* 

Virginia. — By  an  optional  law  approved  on  March  13,  1914, 
certain  cities  of  Virginia  were  granted  the  same  privileges  and 
put  in  the  same  position  as  cities  under  the  model  charter  law 
of  Ohio.  The  Virginia  law  empowers  any  city  of  the  State 
having  a  population  of  less  than  100,000  (thus  excluding  Rich- 
mond) to  adopt  one  of  the  three  specified  forms  of  government 
as  provided  in  the  act  at  a  special  election  called  upon  petition 
of  twenty-five  percent  of  the  electors  qualified  to  vote  at  the 
last  preceding  municipal  election.  These  three  plans  are  the 
general  eouncilmanic  plan,  the  modified  commission  plan,  and 
the  city-manager  plan.*^^ 

The  so-called  modified  commission  plan  is  not,  after  all,  very 
much  modified.  Under  it  all  the  legislative,  administrative,  and 
executive  powers  of  the  city  are  conferred  on  a  council  of  three 
or  five  members — the  number  to  be  determined  by  the  voters  of 
the  city  at  the  time  when  that  particular  plan  of  government  is 
adopted.  They  are  elected  at  large  and  on  a  partisan  ballot, 
and  hold  the  office  for  four  years.    With  the  exception  of  those 


134  COMMISSION  AND  MANAGER  PLANS 

officers  whose  election  by  popular  vote  is  required  by  the  Consti- 
tution of  the  State,  these  councilmen  are  the  only  elective  officers 
of  the  city.  The  mayor  is  elected  by  the  council  from  among 
its  o\^Ti  members.  His  chief  function  is  to  preside  over  the 
meetings  of  the  council.  He  has  no  veto  power,  but  possesses 
all  the  rights  and  duties  of  a  councilman.  The  law  requires 
him  to  ''acquaint  himself  with  the  conduct  of  each  of  the  city 
departments  (in  addition  to  those  under  his  immediate  super- 
vision) and  from  time  to  time  report  to  the  council  thereon, 
with  such  recommendations  as  he  shall  deem  desirable".^" 

Administrative  duties  are  distributed  among  departments. 
The  council  designates  the  administrative  duties  of  its  members 
and  assigns  each  member  to  the  headship  of  a  particular  de- 
partment or  departments,  over  which  he  has  special  oversight 
and  direction,  subject  to  the  provisions  of  the  act  and  the  ordi- 
nances of  the  council. 

The  original  law  did  not  provide  for  popular  control  through 
the  initiative,  referendum,  and  recall.  But  in  an  amendment 
to  the  law,  enacted  by  the  legislature  in  March,  1916,  these 
powers  of  popular  control  were  made  available.  The  following 
significant  statement  is  found  in  Section  16  of  this  act  of  1916 : 

Provisions  authorizing  the  use  by  the  electorate  of  the  powers  of  the 
Initiative,  the  Eeferendum  and  the  Recall,  being  essential  features  of  many 
forms  of  city  government  in  which  all  powers  of  government  are  concen- 
trated in  the  hands  of  a  small  body  of  men,  the  electors  of  any  city  of  the 
Commonwealth  which  has  already  adopted,  or  which  may  hereafter  adopt, 
any  form  of  government  authorized  under  this  act  may  incorporate  as 
part  of  such  form  of  government  provision  for  the  exercise  by  them  of  any 
one  or  more  of  the  powers  above  mentioned  by  proceeding  in  the  manner 
hereafter  prescribed.'"* 

Thus,  upon  petition  of  ten  percent  of  the  voters  in  any  city 
where  the  commission  form  of  government  is  in  operation,  or 
in  which  it  is  proposed  to  adopt  such  a  plan  of  government,  the 
question  of  incorporating  into  the  new  form  provisions  for  the 
initiative,  referendum,  and  recall  must  be  submitted  to  the 
voters  at  an  election.  If  the  question  is  decided  in  the  affirm- 
ative at  such  election,  the  initiative,  referendum,  and  recall 
must  be  included  in  the  charter  and  made  available,  each  upon 
petition  of  ten  percent  of  the  qualified  voters. 


I 


SPREAD  OF  COMMISSION  PLAN  135 

Thus  far  the  commission  plan  of  Virginia's  optional  charter 
law  has  not  been  adopted  by  any  city  of  that  Commonwealth. 

New  York. — Largely  through  the  efforts  of  the  Municipal 
Government  Association,  an  optional  city  charter  law  was  passed 
by  the  legislature  of  New  York  in  1914.  As  indicated  by  its 
title,  the  law  was  enacted  "to  authorize  a  city  of  the  second  or 
third  class  to  adopt  a  simplified  form  of  government.  "*^^  It 
provides  seven  types  of  charters,  including  the  commission,  city- 
manager,  and  the  federal  plans,  each  of  which  may  be  adopted 
by  any  city  of  the  second  or  third  class  if  a  majority  of  its  voting 
citizens  so  desire.  On  presentation  of  a  petition  signed  by  ten 
percent  of  the  voters  who  voted  at  the  preceding  general  election, 
requesting  the  submission  to  vote  the  question  of  adopting  a 
specified  form  of  government  as  provided  in  the  act,  the  common 
council  of  the  city  must  designate  a  day  not  less  than  one 
month  nor  more  than  two  months  thereafter,  "for  the 
holding  of  a  special  election  to  ascertain  the  will  of  the 
electors  regarding  the  question",  or  submit  the  question  to 
the  general  city  election,  if  there  is  such  an  election  not  more 
than  three  months  nor  less  than  one  month  after  the  filing  of  the 
petition.  Through  an  election,  if  a  majority  of  the  voters  voting 
thereon  favor  the  adoption  of  the  specified  plan  submitted  to 
them,  such  plan  shall  become  operative  when  the  officers  provided 
in  the  act  are  duly  elected. 

Among  the  plans  provided  in  the  act.  Plan  A  and  Plan  B  are 
of  special  interest  in  this  connection.  These  two  plans  are 
entitled,  respectively,  government  by  a  limited  council  or  com- 
mission with  division  of  administrative  duties,  and  government 
by  a  limited  council  or  commission  with  collective  supervision 
of  administration.  Under  both  plans,  the  governing  body  is  a 
council  of  five  members,  elected  at  large  and  holding  office  for 
four  years,  with  partial  renewal  biennially.  But  in  cities  of  less 
than  25,000  inhabitants,  the  voters  are  allowed  to  choose  between 
a  council  of  five  members  and  a  council  of  three  members.  In 
both  cases  there  is  a  mayor  elected  as  such,  who  acts  as  the  head 
of  the  city  merely  on  ceremonial  occasions.  He  presides  at  the 
meetings  of  the  council  and  exercises  a  general  supervision  over 
all  the  departments,  but  has  power  only  to  make  recommenda- 


136  COMMISSION  AND  MANAGER  PLANS 

tions.  He  votes  just  as  do  the  other  members  of  the  coun- 
cil, but  has  no  veto  power.  Under  both  plans  the  council  is 
V€sted  with  and  exercises  "all  the  legislative,  executive  and 
administrative  powers  of  the  city  howsoever  conferred  upon  or 
possessed  by  it". 

Thus  far  these  plans  are  exactly  the  same.  The  chief  differ- 
ence between  them  is  simply  the  difference  in  the  amount  of 
actual  work  required  of  the  members  of  the  council.  Plan  A 
requires  the  council  to  divide  the  administration  of  the  city 
into  departments  and  to  assign  each  of  its  members  to  the 
headship  of  a  particular  department  or  departments.  Under 
Plan  B  the  council  acts  merely  as  a  board  of  directors  and 
chooses  other  officials  to  direct  the  work  of  the  administrative 
departments.  Although  there  is  the  same  departmental  division 
under  both  plans,  the  individual  members  of  the  council  under 
the  second  plan  do  not  serve  as  heads  of  departments  as  under 
the  first  plan,  these  positions  being  filled  by  appointments  by 
the  council. 

Watertown  is  the  only  city  in  the  State  that  has  adopted 
(in  1915)  the  commission  plan  under  this  optional  charter  law. 
But  even  here  the  law  did  not  take  effect  until  Jan.uary  1, 
lOlS.**" 

Massachusetts.— The  desire  of  the  Massachusetts  cities  to 
break  their  legislative  shackles  and  of  the  legislature  to  escape 
the  burden  of  passing  upon  numerous  special  local  bills  led  to 
the  enactment  of  an  optional  city  government  law**^  which  was 
approved  on  May  29,  1915.  This  optional  charter  law  had  its 
origin  in  a  recess  legislative  committee  known  as  the  "Doyle 
Committee",  appointed  in  1914  to  "investigate  the  subject  of 
charters  and  laws  for  govemiug  cities,  and  providing  a  standard 
form  of  charter  for  the  government  of  cities  both  by  commission 
and  otherwise,  and  any  other  matters  which  the  committee  may 
deem  pertinent  in  regard  to  the  subject  of  city  laws  and  char- 
ters. "^*2  Ijj  ^^q  following  January  a  report  offering  four  types 
of  government — including  government  by  a  mayor  and  council 
elected  at  large,  government  by  a  mayor  and  council  elected  at 
large  and  by  districts,  the  commission  form,  and  the  city- 
manager  plan — for   adoption   by   Massachusetts   cities,    Boston 


SPREAD  OF  COMMISSION  PLAN  137 

excepted,  was  issued ;  and  a  general  law  conforming  to  this  report 
was  soon  passed. 

Under  the  commission  plan  of  this  law  there  is  provided  a 
city  council  of  five  members,  including  the  mayor,  elected  for 
a  term  of  two  years  and  partially  renewed  each  year.  The 
administrative  functions  of  the  city  are  divided  among  five 
departments :  administration,  finance,  public  works,  public  prop- 
erty, and  health.  Each  commissioner  is  elected  for  a  specific 
department,  that  of  the  mayor  being  administration.  The 
council  as  a  whole  has  general  jurisdiction  over  the  policies  and 
work  of  each  department ;  but  each  commissioner  has  full  power 
concerning  matters  affecting  his  own  department,  and  appoints 
and  removes  the  subordinate  officers  in  his  department,  sub- 
ject to  confirmation  by  the  council.  Thus,  at  the  present  time 
any  city  in  Massachusetts,  with  the  single  exception  of  Boston, 
can  adopt  the  commission  form  at  its  option.  But  thus  far  the 
plan  has  not  been  utilized  by  any  city. 

STATES  WITH  A  CONSTITUTIONAL  HOME  RULE  CHARTER  SYSTEM 

At  the  present  time  there  are  twelve  States  which  have  in- 
corporated into  their  fundamental  laws  the  so-called  home  rule 
charter  system.  There  are  considerable  variations,  both  in  the 
methods  and  in  the  machinery  of  home  rule  charter-making, 
which  have  perhaps  little  bearing  on  the  subject  under  consider- 
ation. It  will  be  sufficient  here  to  indicate  that  this  system 
permits  cities  having  the  requisite  population,  through  con- 
ventions or  boards  of  freeholders,  to  frame-  their  own  charters. 
These  charters  are  then  adopted,  either  without  reference  to  the 
Commonwealth  government  or  after  a  submission  of  the  scheme 
of  government  to  the  legislative  or  executive  branch  for  its 
approval.  After  their  adoption  the  charters  are  not  subject  to 
amendment  by  the  legislature  of  the  State  through  the  passage 
of  either  general  or  special  legislation.  The  only  limitation  on 
the  governments  of  the  various  cities  which  are  entitled  to  draw 
up  their  own  charters  is  that  the  charters  must  be  consistent  with 
and  subject  to  the  laws  and  Constitution  of  the  State  of  which 
they  form  a  part.  Thus,  in  so  far  as  there  is  no  specific  pro- 
hibition in  the  Constitution  or  general  laws  of  the  State  against 


138  COMMISSION  AND  MANAGER  PLANS 

providing  any  form  of  government  except  the  old  mayor  and 
council  type,  these  so-called  home  rule  cities  may  draw  up 
commission  charters  if  they  so  desire.  It  is  the  purpose  of  the 
following  pages  to  examine  and  analyze  some  of  the  typical 
home-rule  commission  charters.  Each  of  the  home  rule  States 
will  be  taken  up  in  the  chronological  order  of  its  adoption  of  the 
system. 

Missouri. — Missouri  was  the  first  State  to  incorporate  the 
home  rule  charter  principle  into  the  American  legal  and  con- 
stitutional system.  Indeed,  the  home  rule  charter  system  is 
often  spoken  of  as  the  "Missouri  Idea".  By  the  Constitution 
of  1875,  cities  having  a  population  of  100,000  or  over  are  per- 
mitted to  frame  and  adopt  their  own  charters.^**  But  inas- 
much as  there  are  only  at  the  present  time  two  cities  in  the 
State  having  the  requisite  population,  the  possibility  of  home- 
made commission  charters  in  Missouri  is  very  small.  Thus  far, 
no  city  in  Missouri  has  ever  adopted  a  commission  charter  under 
the  home  rule  provision  of  the  Constitution. 

California. — By  a  constitutional  amendment  in  1879  the  State 
of  California  granted  the  right  to  frame  the  city  charter  to  any 
municipal  corporation  containing  a  population  of  more  than 
one  hundred  thousand — which  meant  San  Francisco  alone.  But 
the  privilege  of  drafting  the  city  charter  has  been  extended  by 
constitutional  amendment  in  1887  to  cities  having  a  population 
of  ten  thousand,  and  in  1890  to  any  city  in  the  State  containing 
more  than  three  thousand  five  hundred  inhabitants.  But  in  all 
cases  the  right  has  been  reserved  to  the  legislature  to  approve  or 
reject  the  charter  as  adopted,  but  without  the  power  of  amend- 
ing it  in  any  way.  With  the  exception  of  this  limitation 
practically  any  city  in  California  can  adopt  a  charter  of  its 
own  drafting.^^*  Indeed,  the  extensions  of  the  application  of 
the  home  rule  charter  system,  made  by  the  successive  constitu- 
tional amendments,  resulted  in  a  larger  increase  in  the  number 
of  municipal-made  charters  in  California  than  in  any  other 
Commonwealth  in  which  such  a  system  is  now  in  vogue. 

"The  commission  form  of  government  was  taken  up  in  1909 
by  Berkeley  and  San  Diego,    [and  by]    the   former  the   most 


SPREAD  OF  COMMISSION  PLAN  139 

advanced  features,  the  non-partisan  nomination  and  majority 
election,  of  the  Des  Moines  plan  were  copied  with  progressive 
modifications.  The  Berkeley  election  plan  permits  a  majority 
on  the  first  ballot  to  elect  without  further  contest.  At  the 
regular  session  of  1911  the  legislature  ratified  eight  charters  of 
which  six,  including  that  of  Oakland,  the  largest  city  in  the 
country  to  adopt  the  commission  plan  so  far  [1912],  provided 
for  that  form  of  government  ....  At  the  special  session  of 
1911  two  more  charters,  both  of  the  commission  variety,  were 
presented  to  the  legislature  from  Stockton  and  Sacramento.  The 
latter  provides  for  the  shortest  of  ballots,  one  only  of  the  five 
commissioners  being  chosen  each  year.  "*^^  The  examples  set 
by  these  cities  were  soon  followed  by  San  Mateo  in  1912 ;  Pasa- 
dena in  1913 ;  Napa  and  Alhambra  in  1915 ;  and  Santa  Monica 
in  1916.^«« 

Washington. — In  Washington  cities  of  twenty  thousand  in- 
habitants or  over  have  the  privilege  of  drawing  up  their  own 
charters. <*''  In  the  case  of  Walker  v.  Spokane''^^  it  was  held 
that  "the  only  limitation  on  the  part  of  the  powers  of  the  city 
government  to  enact  laws  through  the  medium  of  a  charter  is 
that  they  shall  be  in  accordance  with  general  law",  and  that  a 
charter  establishing  the  commission  form  of  government,  with 
the  initiative,  referendum,  and  recall,  does  not  violate  any  statu- 
tory law.  But  due  to  the  narrow  application  of  the  home  rule 
charter  system,  there  has  been  no  considerable  growth  of  city- 
made  charters  in  Washington.  Thus  far,  only  five  cities — Seat- 
tle, Tacoma,  Spokane,  Bellingham,  and  Everett — are  entitled 
to  enjoy  the  privilege  of  framing  their  own  charters,  and  all 
except  Bellingham  have  already  adopted  home  rule  charters. 
With  the  single  exception  of  Seattle,  all  the  home  rule  charters 
in  Washington  provide  the  commission  form  of  government.  In 
Seattle,  a  city-manager  charter  was  drawn  up,  but  was  defeated 
at  a  special  election  held  on  June  30,  1914.^®^ 

Tacoma^^^  was  the  first  city  in  Washington  to  draw  up  a 
home  rule  commission  charter,  which  was  adopted  on  October  16, 
1909 ;  and  was  followed  by  Spokane  on  December  28,  1910,  and 
Everett  on  April  16,  1912.^^^  All  these  charters  provide  for  a 
commission   of  five   members — except  in   the   case   of   Everett 


140  COMIVIISSION  AND  MANAGER  PLANS 

where  there  are  only  three  eomniissioners — elected  as  candidates 
for  the  executive  departments  prescribed  in  the  charter.  In  the 
Spokane  charter*^*  there  is  a  provision  for  the  preferential 
system  of  voting.  By  this  plan  there  is  a  complete  unification 
of  primaries  and  elections,  the  commissioners  being  chosen  by 
a  single  process  of  voting  and  in  proportion  to  the  number  of 
their  respective  supporters.  Nomination  is  made  by  petition 
signed  by  not  less  than  twenty-five  electors.  Both  the  nom- 
ination and  the  election  are  non-partisan,  and  at  the  election 
the  voter  may  indicate  his  first  and  second  choices,  although  he 
is  not  compelled  to  do  so.  In  all  of  these  three  charters  provision 
is  made  for  the  initiative,  referendum,  and  recall. 

Minnesota. — Minnesota  was  the  fourth  State  in  the  Union  to 
permit  cities  to  frame  charters  for  their  own  government.  The 
"Missouri  Idea"  was  introduced  into  the  State  by  the  constitu- 
tional amendment  of  1896.**^  The  contents  of  the  amendment 
of  1896  were  copied  from  the  Missouri  Constitution  of  1875  with 
only  a  few  changes.  But  instead  of  limiting  the  privilege  ot 
home  rule  to  cities  having  a  certain  population,  the  Minnesota 
plan  is  applicable  to  any  city  or  village  in  the  State.  The  Con- 
stitution, however,  also  provides  that  "it  shall  be  a  feature  of 
all  such  charters  that  there  shall  be  provided,  among  other 
things,  a  mayor,  or  chief  magistrate,  and  a  legislative  body  of 
either  one  or  two  houses".  Thus,  there  was  doubt  at  one  time 
as  to  whether  or  not  a  commission  charter  could  be  drafted  under 
these  provisions  of  the  Constitution. 

To  clear  up  this  uncertainty  the  legislature  in  1909  passed  a 
law  specifically  conferring  on  the  charter  board  the  power  to 
draw  up  a  commission  charter.^'*  The  board  of  freeholders  is 
also  authorized  to  make  provision  for  the  election  of  the  com- 
missioners at  large,  for  the  apportionment  of  the  administrative 
duties  among  the  commissioners,  for  non-partisan  primary 
nomination  and  election  ballots,  and  for  the  initiative,  referen- 
dum, and  recall. ^^^ 

This  freedom  enjoyed  by  the  board  of  freeholders  in  drafting 
the  city  charter  is  the  chief  characteristic  of  the  home  rule 
charter  system.  The  commission  plan  may  be  incorporated  in 
its  most  progressive  or  least  progressive  form :  the  decision  rests 


SPREAD  OF  COMMISSION  PLAN  141 

with  the  board  of  freeholders  in  the  first  instance  and  with  the 
voters  of  the  city  in  the  final  instance.  As  one  writer  says: 
"The  Minnesota  law  is  a  model  or  a  failure  depending  largely 
upon  whether  or  not  the  critic  or  judge  is  a  believer  in  home 
rule  for  cities  or  a  believer  in  centralization  with  state  super- 
vision, regulation  and  control. '  '^^^ 

The  first  cities  in  Minnesota  which  took  advantage  of  the  pro- 
visions of  the  Constitution  and  statute  were  Mankato,  Faribault, 
and  St.  Cloud.  All  except  St.  Cloud  adopted,  in  1911,  plans 
providing  for  a  commission  of  five  members,  one  of  whom  should 
be  the  mayor ;  while  the  commission  is  given  all  the  governmental 
authority  of  the  city,  both  executive  and  legislative. ^^^  St.  Cloud 
provided  for  a  commission  of  three  members.  On  December  3, 
1912,  Duluth  voted  to  adopt  a  new  charter  embodying  the  com- 
mission form  of  government,  with  the  initiative,  referendum, 
and  recall,  and  providing  for  election  according  to  the  prefer- 
ential system  of  voting.  The  governing  body  is  known  as  the 
city  council,  composed  of  a  mayor  and  four  councilmen  and 
vested  with  all  the  legislative  and  executive  authority  of  the 
gily  458  Tj^g  examples  of  Duluth  and  other  cities  were  soon 
followed  by  St.  Paul  and  Tower  in  the  same  year;  by  Eveleth 
and  Pipestone  in  1913 ;  and  by  Two  Harbors  in  1915.^^^  Minne- 
apolis failed  to  adopt  a  charter  providing  for  the  commission 
foTTn  of  government  in  September,  1913.*^" 

Colorado. — The  next  State  to  incorporate  the  home  rule  char- 
ter system  into  its  Constitution  was  Colorado. ■^^^  In  1902  the 
most  radical  home  rule  constitutional  provision  to  be  found  any- 
where in  the  United  States  was  adopted.  Section  six  of  the 
twentieth  article  of  the  Constitution,  as  amended  in  1912,  has 
granted  municipalities  of  2000  inhabitants  large  powers  over 
their  OM'n  affairs,  especially  the  authority  "to  propose  for  sub- 
mission to  a  vote  of  the  qualified  electors  proposals  for  charter 
conventions  and  to  hold  the  same,  and  to  amend  any  charter". 

Under  this  provision  Colorado  Springs  and  Grand  Junction 
in  1909  drafted  and  adopted  home  rule  charters  embodying  the 
commission  form.  The  charter  of  Colorado  Springs*^^  was 
drafted  by  a  charter  convention  and  adopted  at  an  election 
held  on  May  11,  1909.     It  provides  a  council  of  five    members 


142  COMMISSION  AND  MANAGER  PLANS 

including  the  mayor,  which  has  all  the  legislative  powers  of  the 
city  when  acting  as  a  deliberate  body  and  exercises  all  the 
executive  and  administrative  powers,  authority,  and  duties; 
while  each  member  of  the  council  acts  as  head  of  a  specified 
department  assigned  to  him  by  the  council.  The  members  of  the 
council  are  elected  for  terms  of  four  years.  The  election  pro- 
vision is  very  interesting.  There  is  no  primary  election,  but 
the  first  election  is  final  in  case  the  candidate  or  candidates 
receive  a  majority  of  the  votes  cast  for  the  office  or  offices.  If 
no  one  receives  the  requisite  vote  a  second  election  is  held  at 
which  only  the  names  of  the  two  candidates  receiving  the  highest 
number  of  votes  at  the  first  election  are  placed  on  the  ballot. 
Provision  is  also  made  in  this  charter  for  the  initiative,  refer- 
endum, and  recall.  The  initiative  and  referendum  are  made 
available  at  special  elections  on  a  fifteen  percent  petition,  and  the 
recall  on  a  thirty  percent  petition. 

The  Grand  Junction  plan'*^^  is  of  special  interest  to  stu- 
dents of  political  science,  because  it  incorporates  into  the  com- 
mission plan  of  government  the  system  of  preferential  voting. 
It  provides  for  non-partisan  nominations  by  twenty-five  indi- 
vidual petitioners.  The  ballots  used  at  the  election  must  be  of 
such  a  nature  that  the  voters  can  express  several  preferences  or 
choices  for  officials.  The  ballot  contains  three  columns  opposite 
the  names  of  each  candidate,  headed  "First  Choice",  "Second 
Choice",  and  "Other  Choices".  The  voters  are  enabled  to  vote 
against  candidates  as  well  as  for  the  candidates  of  their  choice. 
"To  vote  against  a  candidate,  omit  any  cross  opposite  his  name, 
and  you  thereby  place  him  one  vote  behind  all  candidates  voted 
for.  To  vote  for  a  candidate,  make  a  cross  in  the  appropriate 
column  opposite  his  name,  voting  for  the  first  choice  in  the 
first  column,  for  the  second  choice  in  the  second  column,  and 
for  as  many  other  choices  as  the  voter  may  have  for  any  office 
in  the  third  column.  Only  one  choice  can  be  voted  for  one 
person,  and  only  one  first  and  one  second  choice. '  ''>^'' 

The  government  provided  by  the  charter  is  administered  by  a 
commission  of  five  members,  elected  through  the  system  of' 
preferential  voting  above  indicated  for  a  term  of  four  years, 
with  two  or  three  members  retiring  every  two  years.     Each 


SPREAD  OF  COMMISSION  PLAN  143 

commissioner  is  nominated  and  elected  to  the  headship  of  a 
specific  department.  The  departments  are:  public  affairs, 
finance  and  supplies,  highways,  health  and  civic  beauty,  and 
water  and  sewers.  The  initiative  may  be  invoked  at  a  general 
election  on  a  petition  representing  five  percent  of  the  vote  cast 
at  the  preceding  election  in  the  city  for  all  candidates  for  Gov- 
ernor, and  at  a  special  election  on  a  ten  percent  petition.  The 
referendum  and  the  recall  are  made  available  on  twenty  percent 
petitions. 

In  1913  the  charter  of  the  "City  and  County  of  Denver", 
adopted  in  1904,  was  amended  so  as  to  provide  the  commission 
form  of  government  for  that  political  area;  but  this  plan  was 
discarded  by  the  voters  on  May  9,  1916,  when  the  mayor  and 
council  plan  was  restored.^''^  Other  cities  in  Colorado  which 
have  adopted  home  rule  commission  charters  are  Pueblo,  Colo- 
rado City,  and  Fort  Collins. '^'^s 

Oregon. — Oregon  has  also  fallen  into  line,  taking  up  the  home 
rule  movement  in  1901  when  a  constitutional  amendment  was 
proposed  by  a  legislature  authorizing  the  law-making  body  of 
the  State  to  grant  to  all  cities  the  right  to  frame  charters  for 
their  own  government  by  means  of  a  board  of  freeholders  and 
popular  ratification.  Although  this  proposal  was  passed  and 
ratified  by  the  legislature  in  1901  and  1903,  it  was  not  submitted 
to  the  people  for  ratification.  In  1906  a  constitutional  amend- 
ment proposed  by  an  initiative  petition  was  adopted  authorizing 
the  State  legislature  to  provide  for  a  system  of  home  rule  char- 
ters for  all  the  cities  of  the  State.  Legislative  action  to  carry  out 
the  provisions  of  this  amendment  was  taken  in  the  next  year.'^^'' 
It  is  under  this  authority  that  a  number  of  municipalities  in 
Oregon  have  adopted  the  commission  form  and  the  commission- 
manager  plan. 

The  first  city  in  Oregon  to  take  advantage  of  tlie  provisions  of 
the  Constitution  and  law  by  adopting  a  commission  form  of 
government  was  Baker,  which  began  its  career  under  the  new 
plan  in  October,  1910.  The  Baker  charter^'^^  provides  for  the 
election  of  three  commissioners,  including  the  mayor,  to  partic- 
ular departments  and  for  a  term  of  two  years.  Other  provisions 
of  the  charter  are  non-partisan  primary  nominations,  the  safe- 


144  COMMISSION  AND  MANAGER  PLANS 

guarding  of  majority  elections,  and  the  incorporation  of  the 
State  law  regarding  the  initiative,  referendum,  and  recall.  The 
second  charter  of  Portland,-*^^  which  went  into  effect  on  July  1, 
1913,  embodies  the  commission  form  of  government.  Under  this 
charter  the  government  is  vested  in  a  mayor  and  four  com- 
missioners elected  through  the  system  of  preferential  voting,  and 
for  terms  of  four  years.  The  mayor  is  vested  with  power  to 
assign  the  departments  to  particular  commissioners.  The 
initiative,  referendum,  and  recall  are  all  provided  in  accordance 
with  the  State  law. 

Oklahoma. — In  1907  Oklahoma  was  admitted  into  the  Union. 
In  the  Constitution^^"  there  is  a  clause  providing  for  the  home 
rule  charter  system,  according  to  which  "any  city  containing  a 
population  of  more  than  two  thousand  inhabitants  may  frame  a 
charter  for  its  owti  government,  consistent  with  and  subject  to 
the  constitution  and  laws  of  this  state."  Under  this  constitu- 
tional provision,  over  twenty  cities  have  framed  and  adopted 
commission  charters.  It  has  been  said  that  "there  is  no  city 
of  4000  or  over  inhabitants  in  the  state  which  has  not  that  form 
of  government.  This  change  has  all  come  with  the  past  five 
years ;  Tulsa  being  the  first,  the  larger  cities  following,  and  the 
smaller  ones  changing  from  the  aldermanic  to  the  commission 
form."^'^  But  these  individual  commission  charters  differ  from 
each  other  in  many  respects.  "Nearly  every  type  of  commission 
organization  to  be  found  anywhere  can  be  found  in  some  of  the 
commission  governed  cities  of  Oklahoma,  and  some  variations 
that  cannot  be  found  elsewhere.  Some  of  these  cities  provide 
for  primary  elections  and  some  do  not.  In  some,  elections  are 
partisan  and  in  some  non-partisan.  The  number  of  commission- 
ers varies  in  the  different  cities  from  three  to  five. '  '*5« 

Michigan. — The  new  Constitution  of  Michigan,  which  went 
into  effect  in  1909,  stipulates  that  "the  legislature  shall  provide 
by  general  law  for  the  incorporation  of  cities,  and  by  general 
law  for  the  incorporation  of  the  villages,"  and  that  "under  such 
general  laws,  the  electors  of  each  city  and  village  sliall  have 
power  and  authority  to  frame,  adopt  and  amend  its  charters, 
and  through   its  regularly   constituted   authority,   to   pass   all 


SPREAD  OF  COMMISSION  PLAN  145 

laws  and  ordinances  relating  to  its  municipal  concerns,  subject 
to  the  constitution  and  general  laws  of  the  state.  "<^^  Although 
the  foundation  and  principle  of  municipal  home  rule  was 
established  by  the  revised  Constitution,  legislation  was  required 
to  prescribe  the  method  by  which  cities  should  act  and  to  estab- 
lish limitations  with  regard  to  tax  rates  and  indebtedness.  Ac- 
cordingly, an  enabling  act  was  passed  by  the  legislature  in  1909 
to  put  the  home  rule  provision  of  the  Constitution  into  actual 
operation. 

The  law  of  1909,  as  subsequently  amended  in  1911  and 
1913,'*'^  authorizes  the  voters  of  the  city  to  frame  and  adopt, 
as  well  as  to  amend,  its  charter,  and  to  pass  all  law^s  relating 
to  municipal  affairs  not  contrary  to  the  Constitution  and  general 
laws  of  the  State.  But  charters  adopted  according  to  the 
provisions  of  this  law  must  contain  certain  compulsory  pro- 
visions, as  well  as  features  that  are  permissive  and  optional. 
Among  these  permissive  features  may  be  mentioned  the  initia- 
tive, referendum,  and  recall,  the  civil  service  system,  and  non- 
partisan primaries  and  elections.  The  compulsory  provisions 
prescribed  by  the  charter,  however,  do  not  by  any  means  handi- 
cap or  prevent  he  municipalities  from  adopting  the  commission, 
commission-manager,  or  any  other  new  and  improved  form  of 
government.  Thus  far  thirteen  cities  in  Michigan  have  taken 
advantage  of  the  law  and  adopted  home  rule  commission  char- 
ters; but  as  a  consequence  of  this  home  rule  system,  there  is  no 
uniformity  in  these  charters.*^* 

Texas. — Texas  was  the  next  State  to  incorporate  the  home  rule 
charter  system  into  the  Constitution.  The  constitutional  amend- 
ment adopted  in  1911  established  the  home  rule  charter  system 
by  definitely  allowing  all  cities  having  a  population  of  five 
thousand  or  over  to  frame  and  adopt  charters  for  their  own 
government.  In  1913  an  enabling  act^^^  was  passed  by  the  legis- 
lature to  put  the  constitutional  provision  into  operation.  The 
extent  to  which  Texas  cities  have  taken  advantage  of  the  oppor- 
tunities afforded  to  them  by  this  home  rule  legislation  to  regulate 
their  local  affairs  is  shown  by  the  fact  that  thus  far  thirty-nine 
cities  have  either  adopted  new  charters  or  amended  their  old 
ones. 


146  COMMISSION  AND  MANAGER  PLANS 

Among  the  new  charters  a  large  majority  provide  for  the 
commission  form  of  government ;  while  Galveston,  Houston,  and 
Dallas  are  among  the  cities  which  have  made  certain  changes  in 
their  commission  charters.^^''  Thus,  in  Texas  cities  may  adopt 
the  commission  form  of  government  by  any  one  of  the  following 
three  methods :  first,  by  the  special  charter  system ;  second,  under 
the  general  commission  laws  of  1909,  1913,  and  1914 ;  and  third, 
under  the  home  rule  charter  system.  The  combination  of  these 
three  systems  has  placed  Texas  in  the  foremost  position  in  this 
movement. 

Arizona. — The  home  rule  charter  system  was  established  in 
1912  when  Arizona  was  admitted  as  a  State  into  the  Union.  In 
accordance  with  the  Constitution,^^^  all  cities  of  thirty-five  thou- 
sand inhabitants  or  over  may  enjoy  the  privilege  of  framing 
their  own  charters.  But  thus  far  only  Phoenix  has  a  home  rule 
city-manager  charter;  while  in  Douglas  there  is  found  a  home 
rule  commission  charter.**^ 

Ohio. — By  a  constitutional  amendment^^"  adopted  in  1912 
Ohio  entered  the  list  of  home  rule  States.  Under  the  provisions 
of  this  amendment,  which  went  into  effect  on  January  1.  1913, 
a  number  of  cities  adopted  the  commission-manager  plan,  but 
only  Lakewood  chose  to  have  a  commission  charter.*^^ 

Nebraska. — The  last  State  to  adopt  the  constitutional  home 
rule  charter  system  was  Nebraska.  Municipal  home  rule  in 
Nebraska  was  provided  for  by  an  amendment  to  the  Constitution 
in  1912.^"^  Any  city  having  a  population  of  more  than  five 
thousand  may  frame  its  own  charter  through  a  charter  conven- 
tion. Thus  far,  however,  no  city  in  Nebraska  has  succeeded  in 
adopting  a  home  rule  commission  charter. 

STATES   WITH    SPECIAL    COMMISSION    CHARTERS 

North  Carolina. — North  Carolina  accepted  the  "government 
by  commission"  idea  in  1909,  when  a  special  charter  providing 
that  form  was  granted  to  High  Point.^"^  The  number  of  com- 
missioners provided  in  this  statute,  however,  was  unusually 
large — there  being  nine.     But  in  1915  this  special  charter  plan 


1 


SPREAD  OF  COMMISSION  PLAN  147 

was  amended  and  the  number  of  commissioners  reduced  to  five, 
elected  annually.  Neither  in  the  original  nor  in  the  amended 
charter  is  there  any  provision  made  for  the  initiative,  refer- 
endum, or  recall. 

Greensboro^'^^  and  Wilmington^''^  received  special  commis- 
sion charters  in  1911 ;  Raleigh  in  1913 ;  and  Asheville  in  1915. 
All  of  these  charters,  except  that  of  Wilmington,  provide  for  a 
commission  of  three  members,  including  the  mayor.  Wilmington 
has  a  council  of  six  members.  In  all  provision  is  made  for  the 
initiative,  referendum,  and  recall,  but  the  percentages  required 
on  the  petitions  to  put  these  instruments  into  operation  vary 
greatly  from  place  to  place. 

West  Virginia. — ^West  Virginia  in  granting  special  commis- 
sion charters  to  Huntington'*^^  and  Bluefield^''''  in  1909  added 
some  new  features  to  the  commission  form  of  government.  In 
addition  to  the  general  commission  of  four  members,  the  Hunt- 
ington charter  provides  a  citizens'  board,  which  is  composed  of 
eight  persons  chosen  by  the  voters  from  each  of  the  four  wards. 
This  board  has  the  ' '  right  to  veto  on  any  franchise  or  ordinance 
passed  by  the  Board  of  Commissioners,  and  the  right  to  hear 
charges  against  any  commissioner.  A  majority  vote  of  the 
Citizens'  Board  may  veto  an  ordinance  or  franchise;  a  two- 
thirds  vote  removes  a  commissioner.  The  Citizens'  Board  has 
its  president,  its  rules  and  keeps  the  usual  records,  the  city  clerk 
acting  as  secretary.  This,  it  should  be  noted,  is  only  a  veto-and- 
recall  board,  not  a  second  chamber  with  coordinate  power.  "^^8 

Bluefield  secured  a  similar  charter  from  the  legislature  in  the 
same  year.  But  in  place  of  the  citizens'  board  Bluefield  has  a 
council  composed  of  four  persons  elected  from  each  ward.  This 
council  has  the  power  to  veto  any  ordinance,  franchise,  or  license 
by  a  majority  vote  of  all  the  members  elected ;  and  also  the 
right  to  make  recommendations  concerning  any  matter  relating 
to  the  city  government.  The  legislative  and  administrative  func- 
tions of  the  city  are  vested  in  a  body  of  four  persons  known  as 
the  "Board  of  Affairs",  but  the  members  of  this  board  can  be 
removed  by  a  two-thirds  vote  of  the  council. 

West  Virginia  increased  its  list  of  commission-governed  cities 
in  1911  by  granting  to  Parkersburg*^^  ^  j^g^  charter  modelled 


148  COMMISSION  AND  MANAGER  PLANS 

more  or  less  on  that  of  Des  Moines,  and  by  granting  charters  to 
Fairmount  and  Grafton  in  1913  and  1914,  respectively.  All 
these  three  charters  contain  features  of  the  advanced  type  of 
commission  charters,  including  nomination  by  petition,  the  non- 
partisan direct  primary  and  election,  a  civil  service  provision, 
and  the  initiative,  referendum,  and  recall. 

Maryland. — As  is  the  case  in  most  of  the  southern  States, 
cities  in  Maryland  are  chartered  by  special  acts.  In  1910  the 
city  of  Cumberland  received  a  special  charter  establishing  the 
commission  form  of  government.  The  governing  body  is  a 
council  of  five  members,  including  the  mayor,  elected  for  terms 
of  two  years.  Candidates  are  nominated  at  a  primary  election 
by  petition  of  at  least  one  hundred  qualified  voters,  and  are 
elected  on  a  non-partisan  ballot.  The  powers  granted  to  the 
mayor  and  city  council  are  very  broad,  as  the  charter  expressly 
provides  that  they  "shall  have  control  and  supervision  over  all 
the  departments  of  the  said  city,  and  to  that  end  shall  have 
power  to  make  and  enforce  such  rules  and  regulations  as  they 
may  see  fit  and  proper  for  and  concerning  the  organization, 
management  and  operation  of  all  the  departments  of  said  city, 
and  whatever  agencies  may  be  created  for  the  administration  of 
its  affairs.  "^70 

The  mayor  and  council,  by  a  majority  vote,  assign  each  of  its 
members  to  take  charge  of  one  of  the  following  departments: 
police  and  fire,  streets  and  public  property,  w^ater  and  electric 
light  works,  and  finance  and  revenue.  The  mayor  is  not  assigned 
to  any  particular  department,  but  is  given  "general  supervision 
over  all  the  departments  of  the  city  government  and  may  require 
at  any  time  full  and  particular  information  from  any  commis- 
sioner as  to  the  affairs  of  his  department.  "^^^  There  is  no  pro- 
vision in  the  charter  for  the  initiative,  referendum,  and  recall; 
but  the  initiative  has  been  available  since  November,  1915,  when 
a  constitutional  amendment  providing  for  municipal  and 
county  initiative  on  petition  of  twenty  percent  of  the  voters  was 
ratified.  The  example  of  Cumberland  was  followed  by  Ellicott 
City  in  1914,  when  a  special  charter  creating  a  government  by 
three  commissioners  was  enacted.'*'''^ 


SPREAD  OF  COMMISSION  PLAN  149 

Maine. — In  1908  a  new  charter,  following  somewhat  the 
features  of  the  Des  Moines  Plan,  was  prepared  for  the  city  of 
Portland  by  a  convention  composed  of  committees  representing 
the  city  government,  the  board  of  trade,  and  four  other  local 
organizations.  The  proposed  charter  was  then  sent  to  the 
legislature  for  an  enabling  act  to  place  it  before  the  voters  of 
Portland,  but  was  killed  in  committee.  In  1911  a  similar  chart>er 
was  framed  by  a  similar  convention.  Because  of  the  failure  of 
the  previous  charter  to  obtain  favorable  action  as  a  special 
charter  it  was  proposed  that  the  legislature  should  enact  it  as 
an  enabling  act  for  cities  throughout  the  State.  But  in  spite 
of  this  arrangement  it  met  with  no  better  fate  than  its  predeces- 
sor. 

In  the  same  session,  however,  the  legislature  of  Maine  did  pass 
two  special  enabling  acts.  In  accordance  with  one  of  these  acts 
Waterville  voted  in  the  fall  of  1911  upon  the  commission  form  of 
government,  but  failed  to  adopt  it.  Under  the  provisions  of 
another  act,  Gardiner  voted  upon  the  same  proposition  and  ac- 
cepted it. 

The  new  government  of  Gardiner  is  in  the  hands  of  a  mayor 
and  two  aldermen,  one  to  be  elected  each  year  for  a  three-year 
term  after  the*  initial  election ;  and  the  administration  of  city 
affairs  is  divided  and  classified  under  three  department  heads. 
The  initiative  is  made  available  at  a  general  election  on  petition 
representing  ten  percent  (not  less  than  100  voters)  of  the  vote 
cast  for  mayor  at  the  preceding  election,  but  a  twenty  percent 
petition  (not  less  than  250  voters)  may  call  a  special  election. 
Both  the  referendum  and  the  recall  may  be  invoked  by  the  pre- 
sentation of  a  twenty-five  percent  petition.  Thus  far  Gardiner 
is  the  only  city  in  the  State  operating  under  the  commission 
form  of  government.*''^ 

Florida. — At  the  legislative  session  of  1911  a  number  of 
special  acts  were  passed  granting  new  charters  to  cities  or  towns. 
Two  of  them  provide  for  the  commission  form  of  government  for 
the  towns  of  Pass-a-Grille*''*  and  Green  Cove  Springs*'''  In 
both  cases  provision  is  made  for  a  commission  of  three  members 
elected  at  large.  The  Pass-a-Grille  charter  authorizes  the  com- 
missioners to  choose  a  mayor  from  among  their  own  number,  and 


150  COMMISSION  AND  MANAGER  PLANS 

to  confer  upon  him  a  veto  power  over  ordinances  adopted  by  the 
board.  There  is  no  initiative  or  referendum,  but  recall  elections 
can  be  invoked  on  petition  of  a  number  of  qualified  electors  equal 
to  fifty  percent  of  the  total  vote  cast  at  the  last  preceding 
municipal  election. 

The  Green  Cove  Springs  charter  provides  for  both  the  initia- 
tive and  the  referendum  on  petition  of  fifty  percent  of  the 
qualified  voters,  and  a  recall  election  must  be  held  in  response 
to  a  forty  percent  petition.  Referenda  on  bond  issues  and 
franchises  are  compulsory. 

During  the  same  session  a  new  charter  was  passed  granting 
to  the  city  of  Lakeland^'''*  the  authority  to  adopt  the  commission 
form  of  government,  providing  the  question  was  approved  by  a 
two-thirds  vote  of  the  council  and  ratified  by  a  majority  of  the 
voters.  Lakeland  adopted  a  commission-manager  charter  in 
1913.^" 

In  1913  special  commission  charters  were  granted  to  Orlando, 
Pensacola,  St.  Petersburg,  West  Palm  Beach,  and  Orange  Park ; 
and  Apalachicola  received  a  charter  in  1915.^''« 

Georgia. — In  1911  new  charters  providing  for  the  commission 
form  of  government  were  passed  by  the  legislature  for  the  cities 
of  Cartesville  and  Marietta  and  referred  to  the  voters  of  these 
cities  at  special  elections.  The  former*''^  is  modelled  on  the  Des 
Moines  Plan,  and  provides  for  a  mayor  and  two  commissioners, 
the  mayor  being  the  head  of  one  department,  while  the  board 
assigns  the  members  to  the  remaining  departments.  The  board 
has  power  to  appoint  all  the  city  officials,  to  create  or  alter  city 
offices,  and  to  determine  their  powers  and  duties.  There  is 
also  provision  for  the  initiative,  referendum,  and  recall.  The 
referendum  is  made  available  on  petition  of  ten  percent  of  the 
registered  voters,  and  the  initiative  and  recall  on  twenty-five 
percent  petitions. 

The  Marietta  charter^*"  also  makes  provision  for  three  com- 
missioners, one  to  be  elected  every  two  years  for  a  six-year 
term.  There  is  no  provision  for  the  initiative  and  referendum. 
Rome  obtained  a  commission  charter  in  1914.  The  initiative, 
referendum,  and  recall  are  made  available  on  petitions  of  twenty- 
five  percent  of  the  registered  voters. 


SPREAD  OF  COMMISSION  PLAN  151 

Nevada. — One  city  in  Nevada,  namely  Las  Vegas,  received  in 
1911  a  special  charter  providing  the  commission  form  of  govern- 
ment. This  charter  is  still  in  force.  It  creates,  as  the  governing 
body,  the  usual  commission  of  five  members,  including  the  mayor. 
The  commissioners  are  elected  for  four  years,  and  each  of  them 
is  assigned  to  a  particular  department  of  the  city  administration 
by  the  mayor.  The  recall  is  provided  for  in  the  charter  and  can 
be  invoked  on  petition  of  twenty  percent  of  the  qualified  elec- 
tors. The  initiative  and  referendum  are  provided  for  in  the 
State  Constitution  since  1912  by  an  amendment  made  in  that 
year.-*^^ 

Aside  from  the  above  mentioned  States  where  commission 
charters  can  not  be  secured  in  any  other  Avay  than  through  the 
special  enactments  of  the  legislature,  there  are  States  where 
means  other  than  the  special  charter  system  are  provided  to 
enable  municipalities  to  adopt  the  commission  plan,  but  where 
special  commission  charters  are  also  to  be  found.  As  a  rule, 
these  special  commission  charters  were  granted  before  there  was 
any  general  commission  law  or  home  rule  charter  system.  Spe- 
cial commission  charters  in  this  group  of  States  will  therefore  be 
discussed  in  their  chronological  order. 

Texas. — After  Galveston  and  Houston  had  obtained  satisfac- 
tory results  from  the  commission  form  of  government  there  was 
a  great  impetus  in  favor  of  the  adoption  of  this  plan  in  other 
towns  and  cities  of  the  State.  In  1907  five  Texas  cities — Dallas, 
Fort  Worth,  El  Paso,  Denison,  and  Greenville — adopted  the 
plan.  These  charters  were  significant  because  three  of  them, 
those  of  Fort  Worth,  Dallas,  and  Denison,  added  new  features  to 
the  original  Galveston  or  Houston  plan.  The  Fort  Worth  char- 
ter,**^  granted  on  February  26th,  contains  provisions  for  the 
referendum  and  recall.  In  the  charter  of  Dallas,  secured  on 
April  13th,  there  are  separate  articles  dealing  with  the  initiative 
and  referendum  on  ordinances, ^'^■^  the  recall  of  elective  ojQfi- 
cers,*^*  and  very  elaborate  provisions  regarding  the  granting 
and  control  of  franchises.*^*  This  Dallas  charter  is  especially 
important  because  it  "most  directly  suggested  the  referendum 
and  initiative '  V**''  which  were  in  the  same  year  incorporated  into 
the  famous  Des  Moines  plan. 


152  COMMISSION  AND  MANAGER  PLANS 

Denison*®''  secured  in  the  same  month  a  commission  charter 
containing  provisions  for  the  recall  as  well  as  a  limited  referen- 
dum on  franchises.  Greenville,^^^  with  a  population  of  a  little 
over  8000,  was  the  first  small  city  trying  the  new  experiment. 
In  1909  the  legislature  of  Texas  granted  commission  charters  to 
five  other  cities — namely,  Austin,  the  State  capital,  Waco,  Pales- 
tine, Corpus  Christi,  and  Marshall.  But  as  all  the  charters 
granted  up  to  the  end  of  the  first  decade  of  this  century  are 
special  charters,  there  are  features  peculiar  to  each  of  them. 
Instead  of  a  uniform  system,  these  charters  allow  the  existence 
of  conflicting  and  perplexing  provisions  in  several  cities.  In 
view  of  the  difficulties  inherent  in  the  special  charter  system  the 
legislature,  as  has  already  been  noticed,  passed  a  general  law  on 
April  1,  1909,  enabling  cities  of  certain  size  to  adopt  this  form  of 
government  by  a  referendum  vote. 

Idaho — Lewiston,'>«3  Idaho,  has  been  operating  under  the  com- 
mission plan  since  1907,  its  special  charter  having  been  secured 
on  March  13th.  It  provides  for  a  council  of  seven  members,  in- 
cluding the  mayor,  elected  through  the  process  of  double  election 
for  terms  of  seven  years.  Provisions  are  made  for  primary 
nomination  by  petition;  for  the  initiative,  referendum,  recall; 
and  for  a  civil  service  commission.  The  unique  provision  of  this 
special  charter  is  that  officers  who  are  heads  of  departments 
have  the  privilege  of  the  floor  at  meetings  of  the  council  when 
matters  concerning  their  department  are  under  discussion. 

Massachusetts. — Since  1908  the  commission  form  of  city  gov- 
ernment ceased  to  be  a  southern  or  western  fad.  The  system  of 
government  by  commission  is  no  longer  a  new  experiment  con- 
fined to  a  few  cities  scattered  throughout  the  southern  and 
western  States,  but  has  become  a  well-defined  movement  from 
the  influence  of  which  even  the  conservative  New  England  cities 
are  not  immune.  The  first  eastern  State  affected  by  this  move- 
ment was  Massachusetts  in  1908,  when  Haverhill^^"  and  Glou- 
cester*"^ received  from  the  legislature  charters  containing  feat- 
ures of  the  commission  form.  Both  charters  provide  for  a 
council  of  five  members,  including  the  mayor,  and  vest  in  this 
council  all  powers  formerly  exercised  by  the  city  council,  mayor, 


I 


SPREAD  OF  COMMISSION  PLAN  153 

and  various  boards.  In  Haverhill  members  of  the  council  are 
nominated  at  a  non-partisan  primary  based  on  petitions  signed 
by  twenty-five  voters  and  are  to  hold  office  for  two  years,  with 
partial  renewal  annually.  Each  member  of  the  council,  except 
the  mayor,  is  the  head  of  a  particular  department  to  be  desig- 
nated by  the  council.  The  mayor  exercises  a  general  super- 
visory power,  and  is  required  to  assume  the  duties  of  the  heads 
of  departments  during  their  disability.  The  initiative  is  made 
available  at  general  elections  on  petition  of  ten  percent  of  the 
voters  voting  for  mayor  at  the  preceding  election.  Both  the 
referendum  and  the  recall  are  available  on  a  twenty-five  per- 
cent petition. 

In  Gloucester  the  mayor  and  councilmen  are  elected  annually. 
Nominally  they  are  chairmen  of  the  committees,  but  actually 
they  are  heads  of  departments  which  are  not  designated  in  the 
charter,  but  are  to  be  provided  for  by  ordinance.  The  initiative 
and  referendum  may  be  invoked  on  petition  of  twenty-five  per- 
cent of  the  votes  cast  for  mayor  at  the  preceding  election.  The 
referendum  on  franchises  is  compulsory.  But  there  is  no  pro- 
vision for  the  recall  or  for  a  civil  service  commission. 

The  results  in  these  two  cities  which  had  discarded  the 
old  form  of  government  were  very  convincing;  and  the  ex- 
ample was  soon  followed  by  Taunton  in  1909  and  by  Lynn  in 
1910.  At  the  general  election  held  on  November  7,  1911,  the 
commission  plan  was  submitted  in  Cambridge,  Chelsea,  Lowell, 
Lawrence,  and  Pittsfield  in  accordance  with  special  acts  of  the 
legislature ;  but  it  was  only  in  Lowell  and  Ijawrence  that  the 
new  plan  was  adopted,  while  in  all  the  other  cities  it  was  re- 
jected.^^^  Salem  was  added  to  the  list  of  commission-governed 
cities  on  November  5,  1912,  but  Salem  had  the  honor  of  being 
the  first  city  to  discard  the  new  plan  by  adopting  the  council 
plan  as  provided   in  the   optional   charter   law. 

Tennessee — Memphis  secured  in  1907  a  special  charter  or 
charter  amendment  providing  for  the  commission  form  o^ 
government,  but  the  measure  was  declared  unconstitutional  on 
technical  grounds.  As  a  result  of  an  appeal  to  the  legislature 
another  act  of  the  same  nature  was  passed  in  1909.  But  in 
order  to  avoid  the  possibility  of  the  law  getting  into  the  courts 


154  COMMISSION  AND  MANAGER  PLANS 

and  again  being  declared  unconstitutional,  the  four  members 
of  the  legislative  council  whose  terms  did  not  expire  until 
November,  1911,  were  made  members  of  the  board  of  commis- 
sioners. Consequently  the  mayor  was  the  only  officer  elected  in 
the  first  year  of  the  commission  government. 

This  charter'^^^  vested  in  the  board  of  commissioners  all  the 
powers  formerly  exercised  by  the  legislative  council,  the  fire 
and  police  commissioners,  and  the  board  of  public  works,  with 
certain  additional  powers  conferred  upon  the  municipal  cor- 
poration. The  mayor  is  made  the  head  of  the  department  of 
public  affairs  and  health ;  and  the  other  commissioners  are 
each  designated  to  be  the  head  of  one  of  the  following  depart- 
ments :  fire  and  police ;  streets,  bridges,  and  sewers ;  accounts, 
finance,  and  revenue;  and  public  utilities,  grounds,  and  build- 
ings. The  civil  service  provision  is  similar  to  that  found  in  the 
Iowa  law.  There  is,  however,  no  provision  made  for  the  initia- 
tive, referendum,  or  recall.  The  example  of  Memphis  was 
followed  by  Etowah  in  the  same  year,  and  by  Chattanooga, 
Knoxville,  St.  Elmo,  and  Lebanon  in  1911.  The  Chattanooga 
charter  grants  the  mayor  a  veto  power  and  a  vote  on  the 
question  of  sustaining  his  own  veto.  Bristol  received  a  special 
commission  charter  in  1913,  and  La  Follette  in  the  following 
year.  Murfreesboro  and  Jackson  adopted  the  commission  plan 
in  1915  under  special  acts.  All  these  acts,  being  special  in 
nature,  vary  greatly  from  one  another. -^^^ 

New  York. — New  York  began  to  feel  the  impetus  of  the 
movement  for  commission  government  in  1908  when  the  people 
of  Buffalo,  under  the  authority  of  what  is  known  as  the  public 
opinion  ordinance,  voted  for  a  new  and  simplified  charter.  But 
the  experience  of  the  cities  of  New  York  in  general  and  of 
Buffalo  in  particular  show  how  difficult  it  is  sometimes  to  se- 
cure efficient  government  by  resorting  to  small  governing 
bodies.  In  November,  1909,  the  Referendum  League  of  Buffalo 
caused  to  be  drafted  a  proposed  charter  which  was  submitted 
to  the  people,  and  favorably  voted  upon.*^^ 

In  1910  three  special  bills  providing  commission  charters  for 
Buffalo,  Mt.  Vernon,  and  Melzinga  were  introduced  in  the 
legislature.     The   first   two   received   scanty   courtesy,   neither 


SPREAD  OF  COMMISSION  PLAN  155 

being  reported  out  of  the  committee.  The  Melzinga  charter, 
though  it  passed  the  legislature,  was  vetoed  by  Governor 
Hughes  because  it  was  carelessly  drawn. 

Early  in  February,  1911,  representatives  of  twenty-two  cities 
met  in  Rochester  and  formed  the  Commission  Government  As- 
sociation of  New  York  State,  the  object  of  which  was  "to 
establish  in  the  Municipalities  of  New  York  State  a  business 
form  of  government  on  the  commission  plan".*^«  In  the  same 
year  seven  commission  bills  were  introduced  into  the  legisla- 
ture; but  in  spite  of  the  strenuous  pleadings  of  citizens  from 
all  over  the  State,  either  individually  or  as  delegates  from  clubs 
or  associations,  on  behalf  of  these  bills  none  of  them  succeeded 
in  passing  both  houses.*^'' 

In  the  meantime,  more  and  more  interest  was  being  mani- 
fested in  the  various  cities  which  were  attempting  to  secure 
the  simplified  form  of  government ;  and  in  the  period  from  1910 
to  1912  the  proposed  charter  bills  were  endorsed  by  the  various 
civic  and  commercial  organizations  of  different  cities.  It  was 
due  to  this  manifestation  of  popular  interest  in  city  govern- 
ment that  Beacon  succeeded  in  securing,  in  1913,  the  first  spe- 
cial commission  charter  ever  enacted  in  the  State. 

At  The  legislative  session  of  1914  the  charter  bill  for  Buffalo 
was  again  introduced,  and  this  time,  thanks  to  the  authorities 
of  the  various  civic  and  commercial  organizations,  it  passed 
the  Senate  unanimously  and  reeeived  only  three  dissenting 
votes  in  the  Assembly.  But  this  action  was  not  final.  The 
Confjtitution  of  New  York  requires  the  submission  of  local  bills 
to  the  mayor  of  the  city  concerned  as  the  representative  of  the 
city.  Mayor  Fuhrmann  vetoed  the  bill  on  the  grounds  that  it 
ought  not  to  be  submitted  along  with  other  matters  at  the  reg- 
ular election  and  that  it  contained  certain  flaws  in  its  phras- 
ing. Wlien  the  bill  was  resubmitted  to  the  legislature,  however, 
it  was  passed  by  a  large  majority  in  both  houses.'***  In  the 
fall  of  1914  it  was  adopted  by  the  voters  of  the  city. 

Thus,  after  six  years  of  unremitting  effort  Buffalo  finally 
secured  a  commission  charter  and  so  became  the  largest  city  in 
the  country  to  commit  its  legislative  and  administrative  affairs 
to  a  single  group  of  m(!n,  thus  emphasizing  the  tendency  toward 
concentration  of  power  and  responsibility  which  has  been  the 


156  COMMISSION  AND  MANAGER  PLANS 

characteristic  feature  of  all  recent  developments  in  American 
politics. 

STATES  WITH  NO  COMMISSION  LAW  OR  COMMISSION  CHARTER  CITIES 

From  the  above  brief  review  of  the  commission  government 
movement  in  this  country  it  will  be  noted  that  in  the  short 
period  of  or>e  decade  (from  1907  to  1916,  inclusive)  with  only- 
six  exceptions,  all  the  States  of  the  Union  have  been  affected 
in  one  way  or  another.  In  all  these  States  there  are  commis- 
sion laws,  either  general  or  special,  which  have  been  taken 
advantage  of  in  varying  degrees  by  the  cities.  The  six  States 
which  have  up  to  the  present  writing  kept  out  of  this  nation- 
wide movement  are  the  following :  Connecticut,  Delaware,  In- 
diana, New  Hampshire,  Rhode  Island,  and  Vermont.  This 
number  is  certainly  insignificant  in  comparison  with  the  large 
number  of  States  influenced  by  the  movement — the  numerical 
ratio  is  only  one  to  six.  Professor  Munro's  prediction  made 
in  1907  that  the  system  of  "government  by  Commission"  must 
be  regarded  as  ''the  climax  of  a  well-defined  movement,  from 
the  influence  of  which  hardly  a  single  large  city  in  the  country 
is  entirely  exempt"  was  certainly  fulfilled  during  the  period 
under  consideration. 

But  since  the  popularization  of  the  city-manager  plan  by 
Dayton,  the  progress  of  commission  government  has  practically 
come  to  a  standstill.  Indeed,  the  recent  tendency  has  been  for 
the  city-manager  plan  to  arrest  the  march  of  commission  gov- 
ernment in  cities.  At  the  same  time,  it  should  be  noted  in 
passing  that  there  are  many  States  in  which  the  commission 
government  is,  for  the  time  being  at  least,  the  only  form  of 
simplified  government  easily  available  to  their  respective  cities; 
and  for  some  time  to  come  additional  cities  will,  no  doubt, 
still  adopt  that  form.  But  wherever  the  citizens  of  a  com- 
munity are  given  the  right  to  frame  their  own  charters,  as  in 
the  case  of  the  twelve  so-called  home  rule  States,  or  are  given 
the  option  between  several  forms  of  simplified  government,  as 
in  the  case  of  States  with  optional  model  charter  laws,  the 
city-manager  plan  has  the  place  of  undisputed  leadership  in 
popular  favor. 


SPREAD  OF  COMMISSION  PLAN  157 

Commission  government  as  operated  in  Des  Moines,  in  Gal- 
veston, and  in  over  four  hundred  other  cities  has  cleared  away 
the  confusion  of  power  and  responsibility  that  existed  in  the 
old  council-and-mayor  plan;  and  through  the  application  of  the 
short  ballot  principle  and  the  newer  forms  of  institutional 
democracy,  has  given  to  the  cities  a  workable  form  of  muncipal 
democracy.  It  is  only  on  the  administrative  side  that  commis- 
sion government  is  weak  and  defective,  and  the  city-manager 
plan  seeks  to  supply  the  remedy.  Indeed,  the  new  plan  has 
been  defined  as  "an  endeavor  to  retain  the  strength  of  the 
commission  plan — the  concentration  of  policy  determining  au- 
thority in  a  small  non-partisan  legislative  body — and  to  add 
to  it  a  permanent  administrative  force  of  trained  exec- 
utives."^®^ The  origin  and  development  of  the  city-manager 
plan  will  be  discussed  in  the  next  chapter. 


VI 
THE  CITY-MANAGER  PLAN 

Just  as  the  commission  form  of  government  made  headway 
through  the  momentum  given  to  it  by  the  newer  forms  of  in- 
stitutional democracy,  so  the  city-manager  plan  made  its  way 
into  the  arena  of  municipal  reform  as  the  result  of  the  tendency 
towards  an  appreciation  of  the  need  of  experts  in  the  manage- 
ment of  complicated  city  affairs.  This  system  follows  not  only 
many  of  the  principles  of  responsible  parliamentary  govern- 
ment, but  also  most  of  the  methods  of  large  business  corpora- 
tions. The  latest  plan  in  American  city  government,^""  as  one 
writer  has  called  it,  provides  in  the  first  place  ' '  a  single  elective 
board  (commission)  representative,  supervisory  and  legisla- 
tive in  function,  the  members  giving  only  part  time  to  milnici- 
pal  work  and  receiving  nominal  salaries  or  none.  "^"^ 

In  the  same  way  as  the  directors  of  a  business  corporation 
employ  a  president,  and  just  as  the  members  of  the  majority 
party  in  Parliament  choose  a  party  leader  to  be  the  prospective 
prime  minister,  the  board  or  commission  employs  a  manager, 
known  as  the  city-manager,  who  holds  his  office  at  the  pleasure 
of  the  board.  *  The  city-manager  is  the  sole  agent  of  the  council 
through  whom  that  body  acts ;  and  he  is  responsible  to  it  for  the 
entire  administration  of  the  city.  Thus,  administrative  respon- 
sibility is  secured,  in  the  first  place,  through  the  responsibility 
imposed  upon  the  manager,  appointed  and  removable  by  the 
council.  ,  Members  of  the  council,  in  turn,  ai'e  responsible  to 
the  electorate  and  may  be  removed  by  the  process  of  the  recall. 

The  city-manager  may  not  be  a  specialist  in  any  particular 
department  of  the  city  administration,  but  he  must  be  an  ex- 
pert in  city  management.  Not  every  city  has  expert  managers 
among  its  own  residents.  Indeed,  some  of  the  smaller  towns 
have  no  men  qualified  to  perform  the  tasks  assigned  to  the 
city-manager.  In  such  a  case,  if  the  choice  is  limited  to  local 
residents,   the   manager   will   generally   be   appointed   for   rea- 

(158) 


THE  CITY-I\IANAGER  PLAN  159 

sons  other  than  skill  in  administration.  To  avoid  such  a  situ- 
ation it  is  now  the  practice  of  most  of  the  city-manager  gov- 
erned cities  to  adopt  the  German  method  of  advertising  for  a 
manager,  who  may  come  from  any  part  of  the  country Z''* 

The  majority  report  of  the  National  Municipal  League's 
committee  on  the  commission  form  of  government  declared  that 
"the  city  manager  feature  is  a  valuable  addition  to  the  com-' 
mission  plan ' ' ;  and  the  advantages  of  the  new  plan  as  enumer- 
ated in  the  same  report  are  so  comprehensive  and  so  well 
worked  out  that  an  extensive  quotation  from  the  report  is 
here  inserted  :*^* 

1.  It  creates  a  single-headed  administrative  establishment,  instead  of 
the  five  separate  administrative  establishments  seen  in  the  Des  Moines 
plan.  The  administrative  unity  makes  for  harmony  between  municipal 
departments  since  all  are  subject  to  a  common  head. 

2.  The  city  manager  plan  permits  expertness  in  administration  at  the 
point  where  it  is  most  valuable,/ namely,  at  the  head. 

3.  It  permits  comparative  permanence  in  the  office  of  the  chief  ex- 
ecutive, whereas  in  all  plains  involving  elective  executive?,  long  tenures  twre 
raro. 

a.  This  permanence  tends  to  rid  us  of  amateur  and  transient  executives 
and  to  substitute  experienced  experts. 

b.  This  permanence  gives  to  the  administrative  establishment  the  superior 
stability  and  continuity  of  personnel  and  policies  which  is  a  necessary 
precedent  to  solid  and  enduring  administrative  reforms. 

c.  This  permanence  makes  more  feasible  the  consideration  and  carry- 
ing out  of  far-sighted  projects  extending  over  long  terms  of  years. 

d.  This  permanence  makes  it  worth  while  for  the  executives  to  educate 
themselves  seriously  in  municipal  affairs,  in  the  assurance  that  such  educa- 
tion will  be  useful  over  a  long  period  and  in  more  than  one  city. 

4.  The  city  manager  plan  permits  the  chief  executive  to  migrate  from 
city  to  city,  inasmuch  as  the  city  manager  is  not  to  be  necessarily  a  resi- 
dent of  the  city  at  the  time  of  his  appointment,  and  thus  an  experienced 
man  can  be  summoned  at  advanced  salary  from  a  similar  post  in  another 
city. 

a.  This  exchangeability  opens  up  a  splendid  new  profession,  that  of 
■'city    mana,<>-erslii]:. " 

b.  This  exchangeability  provides  an  ideal  vehicle  for  the  interchange 
of  experience  among  the  cities. 

5.  The  city  manager  plan,  while  giving  a  single-headed  administration, 
abolished  the  one-man  power  seen  in  the  old  mayor-and-council  plan.     The 

'  manager  has  no  independence  and  the  city  need  not  suffer  from  his  pergonal 
whims  or  prejudices  since  he  is  subject  to  instant  correction,  or  even  dis- 
charge, by  the  c.~ amission  .... 


160  COMMISSION  AND  MANAGER  PLANS 

a.  This  abolition  of  one-man  power  makes  safer  the  free-handed  exten- 
sion of  municipal  powers  and  operations  unhampered  hj  checks  and 
balances  and  red  tape. 

b.  More  discretion  can  be  left  to  administrative  officers  to  establish 
rulings  as  they  go  along,  since  they  are  subject  to  continuous  control  and 
the  ultimate  appeal  of  dissatisfied  citizens  is  to  the  fairness  and  intelli- 
gence of  a  group  (the  commission)  rather  than  to  a  single  and  possibly 
opinionated  man  (an  elective  mayor).  Inversely,  laws  and  ordinances  can 
be  simpler,  thus  reducing  the  field  of  legal  interpretation  and  bringing 
municipal  business  nearer  to  the  simplicity,  flexibility  and  straightforward- 
ness of  private  business. 

6.  The  city  manager  plan  abandons  all  attempts  to  choose  administra 
tors  by  popular  election.    This  is  desirable  because : 

a.  It  is  as  difficult  for  the  people  to  gauge  executive  and  administrative 
ability  in  candidates  as  to  estimate  the  professional  worth  of  engineers  or 
attorneys   .        .    . 

b.  By  removing  all  requirements  of  technical  or  administrative  ability 
in  elective  officers,  it  broadens  the  field  of  popular  choice  and  leaves  the 
people  free  to  follow  their  instinct  which  is  to  choose  candidates  primar- 
ily with  reference  to  their  representative  character  only.  Laboring  men,  for 
instance,  can  then  freely  elect  their  own  men  to  the  commission,  and  there 
is  no  requirement  (as  in  the  Des  Moines  charter)  that  these  representatives 
shall,  despite  their  inexperience  in  managing  large  affairs  be  given  the 
active  personal  management  of  a  more  or  less  technical  municipal  de- 
partment. 

7.  The  city  manager  plan  leaves  the  line  of  responsibility  unmistakably 
clear,  avoiding  the  confusion  in  the  Des  Moines  plan  between  the  responsi- 
bility  of  the  individual   commissioners   and   that   of   the   commission   as   a 

whole. 

8.  It  provides  basis  for  better  discipline  and  harmony,  inasmuch  as  the 

city  manager  cannot  safely  be  at  odds  with  the  commission,  as  can  the 
Des  Moines  commissioners,  in  their  capacity  as  department  heads,  or  the 
mayor  with  the  council  in  the  mayor-and-council  plan. 

9.  It  is  better  adapted  for  large  cities,  than  the  Des  Moines  plan. 
Large  cities  should  have  more  than  five  members  in  their  commission  to 
avoid  overloading  the  members  with  work  and  responsibility,  and  to  avoid 
conferring  too  much  legislative  power  per  individual  member.  Unlike  the 
Des  Moines  plan,  the  city  manager  plan  permits  such  enlarged  commissions, 
and  so  opens  the  way  to  the  broader  and  more  diversified  representation 
which  large  cities  need. 

10.  In  very  small  cities,  by  providing  the  services  of  one  well-paid  man- 
ager instead  of  five  or  three  paid  commissioners,  it  makes  possible  economy 
in  salaries  and  overhead  expenses. 

11.  It  permits  ward  elections  or  proportional  representation,  as  the 
Des  Moines  plan  does  not.  One  or  the  other  of  these  is  likely  to  prove 
desirable  in  very  large  cities  to  preserve  a  district  size  that,  will  not  be  so 


THE  CITY-MANAGER  PLAN  161 

big  that  the  cost  and  difficulty  of  effective  canvassing  will  balk  independ- 
ent candidates,  thereby  giving  a  monopoly  of  hopeful  nominations  to  per- 
manent political  machines. 

12.  It  creates  position  (membership  in  the  commission)  which  should 
be  attractive  to  first  class  citizens,  since  the  service  offers  opportunities  for 
high  usefulness  without  interruption  of  their  private  careers. 

The  report  of  the  committee  of  the  National  Municipal 
League  gave  Sumter,  South  Carolina,  the  credit  for  originating 
the  city-manager  plan,  because  it  was  Sumter  which  made  the 
first  attempt  to  combine  the  commission  form  and  the  city- 
manager.  But  like  many  other  chance  creations  of  politics,  it 
turns  out  that  the  originators  of  the  Sumter  plan  have  built 
upon  a  solid  basis  of  experiences  which  had  been  thoroughly 
worked  out  in  other  jurisdictions,  both  foreign  and  domestic. 
The  city-manager  plan  has  its  progenitors  which  can  hardly 
be  excluded  from  a  consideration  of  the  history  of  the  move- 
ment. 

It  has  been  claimed  by  writers  on  municipal  government  that 
the  German  Burgomeister  and  the  English  Town  Clerk  are  the 
forerunners  of  the  American  city-manager.  But  according  to 
Mr.  Toulmin,  "the  idea  abroad  was  only  partially  formulated 
before  it  was  fully  developed  in  this  country,  and,  in  fact  still 
remains  but  partially  formulated  there.  All  credit  for  so 
radical  an  achievement  belongs  to  the  American  people  who 
actually  created  it.  "^"^  The  solution  of  the  difficult  problem 
of  the  extent  to  which  the  German  Burgomeister  or  the  Eng- 
lish Town  Clerk  has  influenced  the  development  of  the  Ameri- 
can city-manager  need  not  be  discussed  in  this  connection. 
But  it  is  necessary  for  the  purpose  of  the  examination  here 
undertaken  to  set  forth  and  discuss  the  preliminary  plans  that 
have  led  to  the  fully  developed  commission-manager  plan  as 
the  term  is  now  understood. 

THE  NEW  MEXICO  PLAN 

The  first  attempt  to  create  a  municipal  officer  resembling 
the  present  city-manager,  was  made  by  the  Territorial  legisla- 
ture of  New  Mexico  in  1909,  when  the  so-called  "supervisor 
plan"  was  written  into  the  statute  books.  The  New  Mexico  law 
of  1909,  which  was  in  force  until  the  passage  of  the  present 


162  COMMISSION  AND  MANAGER  PLANS 

commission  law  in  1913,  provided  a  council  of  three  members 
as  the  governing  body  of  the  city.  This  city  council  was 
authorized  to  employ  a  "superintendent  of  city  affairs",  whose 
duty  it  was  "to  take  charge  of  all  public  matters  of  the  city, 
under  the  direction  of  the  mayor  and  the  city  council;  to  direct, 
all  street  improvement,  care  for  and  repair  all  streets  and  all 
public  improvements,  and  to  direct  the  use,  extension,  repair, 
maintenance  of  all  public  utilities;  to  see  that  the  city  is  kept 
in  proper  sanitary  condition  and  safe  for  life  and  property. 
The  law  provided  further  that  "it  shall  be  his  duty  to  submit 
to  the  mayor  and  the  city  council  at  the  regular  meeting  of 
the  city  council,  held  in  the  month  of  March  of  each  year,  a 
detailed  estimate  as  near  as  is  practicable,  of  the  expenses  of 
maintaining  streets,  alleys,  public  grounds,  of  keeping  a  proper 
sanitary  condition,  and  the  estimate  and  expense  of  any  im- 
provement which  may  be  necessary  and  contemplated  by  said 
superintendent,  and  mayor  and  city  council,  and  he  shall  make 
such  recommendations  to  said  mayor  and  city  council,  as  may 
seem  to  the  best  interest  of  the  city,  and  he  shall  at  all  times, 
when  necessary,  consult  the  mayor  and  city  council  upon  all 
matters  pertaining  to  the  city's  welfare  and  the  comfort  and 
convenience  of  the  people  thereof."^"* 

The  superintendent  was  required  to  devote  his  entire  atten- 
tion and  time  to  the  affairs  of  the  city  and  was  prohibited  by 
the  law  from  being  engaged  in  any  other  work  or  occupation. 
His  compensation  was  determined  by  the  mayor  and  the  city 
council  and  fixed  by  resolution,  but  it  might  not  be  increased 
or  diminished  after  two  years  or  during  the  period  of  his  em- 
ployment without  his  consent. 

The  city  of  Roswell  was  organized  under  this  supervisor  plan 
and  its  affairs  were  so  conducted  until  the  repeal  of  the  act  in 
1913.  By  the  terms  of  this  repeal  Roswell,  however,  was  permit- 
ted to  continue  the  plan  until  the  next  regular  election  in  1914, 
when  the  city  had  the  option  of  adopting  the  commission  law 
of  1913.^*'^  In  1914  Roswell,  instead  of  coming  under  the  com- 
mission law  of  1913,  created  the  position  of  city-manager  under 
an  ordinance  of  the  city  council.  The  city-manager,  appointed 
by  the  mayor  with  the  consent  of  the  city  council,  is  the  ad- 


THE  CITY-MANAGER  PLAN  163 

ministrative  head  of  the  city  government.  His  powers  and 
duties  are  subject  to  the  approval,  supervision,  and  control  of 
the  mayor  and  city  council,  and  his  salary  is  fixed  by  ordinance 
or  resolution  of  the  city  council/"^ 

THE  STAUNTON  PLAN 

Inspired  by  the  success  of  commission  government  in  Gal- 
veston and  Houston,  the  city  of  Staunton,  Virginia,  appointed, 
in  1907,  a  special  committee  to  investigate  and  report  upon  ' '  the 
expediency  of  creating  a  more  efficient  and  economical  adminis- 
tration of  the  city's  affairs."^"®  But  the  investigation  had  not 
proceeded  very  far  when  it  was  discovered  that  a  barrier  stood 
in  the  way.  The  State  of  Virginia  prescribes  the  form  of  city 
government  for  all  its  municipalities  by  rigid  and  mandatory 
provisions  in  the  Constitution,  which  provide,  among  other 
things,  that  "in  every  city  there  shall  be  elected  by  the  qualified 
voters  thereof  ....  a  mayor,  for  a  term  of  four  years,  who 
shall  be  the  chief  executive  officer  of  the  city ' ',  and  that  in  every 
city  of  the  first  class  "there  shall  be  ....  a  council,  composed 
of  two  branches  having  a  different  number  of  members."*"' 
According  to  statutory  provision,  any  city  having  a  population 
of  ten  thousand  or  more  is  a  city  of  the  first  class.  Staunton 
having  more  than  12,000  inhabitants  is  therefore  a  city 
of  the  first  class.  Such  being  the  case,  Staunton,  could 
not  legally  abolish  the  office  of  mayor  and  council  and 
substitute  therefor  a  board  of  commissioners.  There  was  no  way 
to  overcome  this  legal  limitation,  except  by  amending  the  Con- 
stitution; but  such  procedure  was  not  considered  feasible — at 
least  for  the  time  being.  The  difficulty,  though  an  obstacle  for 
Staunton,  served  as  a  means  of  creating  an  innovation  in  Ameri- 
can municipal  government.*^* 

In  section  1038  of  the  Virginia  Code  there  is  a  provision  which 
permits  the  city  council  to  establish  such  officers  as  may  be 
necessary  to  properly  conduct  the  city's  affairs.  Taking  advan- 
tage of  this  provision,  the  idea  of  a  general  manager  was  con- 
ceived, and  an  ordinance  creating  such  an  office  w^as  accordingly 
passed  on  January  13,  1908.*"    Thus  Staunton  created  the  posi- 


164      •      COMMISSION  AND  MANAGER  PLANS 

tion  of  general  manager  without  changing  its  form  of  govern- 
ment in  other  respects. 
I  The  ordinance  of  January  13th  authorized  the  two  branches 
of  the  council  to  meet  in  joint  session  for  the  first  time  and  there- 
after annually  at  the  regular  election  of  city  officers  in  July 
of  each  year  to  appoint  an  officer  known  as  the  "General  Mana- 
ger", who  is  required  to  devote  his  entire  time  to  the  duties  of  his 
office,  and  to  "have  entire  charge  and  control  of  all  the  executive 
work  of  the  city  in  its  various  departments,  and  have  entire 
charge  and  control  of  the  heads  of  departments  and  employees  of 
the  city. 'pother  duties  of  the  general  manager  are  to  "make 
all  contacts  for  labor  and  supplies  and  in  general  perform  all 
the  administrative  and  executive  work  now  performed  by  the 
several  standing  committees  of  the  Council,  except  the  Finance, 
Ordinance,  School  and  Auditing  Committees."  Furthermore, 
he  is  required  to  "discharge  other  duties  as  may  from  time  to 
time  be  required  of  him  by  the  Council."  These  additional 
duties,  so  far  as  required  by  the  council,  consist  of  being  a 
"financial  adviser  of  the  council,  a  court  to  hear  complaints  of 
citizens,  and  supervisor  of  the  superintendents  of  highways, 
parks,  lights,  water  and  corrections."^^* 

The  general  manager,  before  entering  upon  the  duties  of  his 
office,  is  required  to  "execute  a  bond  before  the  Clerk  of  the 
Council  in  the  penalty  of  $5,000.00  with  good  and  sufficient  sure- 
ty, conditioned  for  the  faithful  performance  of  the  duties  of  his 
office."  He  is  paid  an  annual  salary  which  is  fixed  by  the 
council  at  $2500. 

The  general  manager  is  required  to  report  to  the  city  council 
at  the  beginning  of  each  fiscal  year  the  needs  of  all  the  city 
departments,  together  with  his  recommendations  and  detailed 
estimates...  Thus,  an  intelligent  budget  system  is  made  possible 
and  misappropriations  and  discrepancies  between  the  estimated 
revenues  and  expenditures  so  frequent  under  the  old  system  may 
be  avoided.  Again,  he  is  required  to  report  at  the  close  of  each 
year  to  the  council  all  the  work  done  and  every  cent  spent  during 
the  year.  Monthly  balances  must  be  rendered  to  the  council 
both  by  the  manager  and  the  treasurer;  and  these  two  must 
agree,  the  one  operating  as  a  check  on  the  other.     In  the  office 


THE  CITY-MANAGER  PLAN  165 

of  the  general  manager  there  is  kept  a  systematic  account  of 
every  transaction,  and  also  a  regular  set  of  double  entry  books 
serving  as  a  check  on  the  office  of  city  treasurer.  All  these 
books  are  open  to  public  inspection  at  any  time.  It  has  been 
well  said  that  the  office  of  general  manager  is  "really  a  bureau 
of  information  for  the  City  Council,  and  departments  and  the 
public.""^ 

In  the  words  of  John  Crosby,  president  of  the  common  coun- 
cil of  Staunton,  Virginia,  the  Staunton  plan  is  "a  democratic 
government  'for  the  people  and  by  the  people'.  Neither  the 
people  nor  the  council  have  surrendered  any  of  their  sovereign 
rights;  they  have  simply  created  an  office  known  as  that  of  a 
general  manager,  a  paid  employee,  who  devotes  his  whole  time 
and  attention  to  the  business  of  the  city  and  who  is  responsible 
to  the  council  and  the  people,  instead  of  intrusting  the  affairs  of 
the  cjty  to  the  Committees  of  the  Council.  "^^* 

THE  LOCKPORT  PROPOSAL 

After  Staunton  made  the  first  move  toward  introducing  the 
managership  into  city  government,  an  attempt  to  combine  the 
features  of  commission  government  with  the  city-manager  idea 
was  first  made  in  1911,  when  the  board  of  trade  of  Lockport 
presented  to  the  New  York  legislature  a  plan  of  city  govern- 
ment subsequently  known  as  the  "Lockport  Plan". 

In  the  fall  of  1910  the  city  of  Lockport,  being  conscious  of 
the  unsatisfactory  manner  in  which  its  municipal  affairs  had 
been  run  under  the  old  and  complicated  mayor  and  council  plan 
of  government,  appointed  a  charter  revision  committee  in  the 
hope  that  a  better  framework  of  government  might  be  devised. 
But  when  it  was  known  that  this  committee  was  "to  do  nothing 
but  trim  the  edges  of  the  old  charter,  the  local  board  of  trade 
began  to  agitate  for  commission  government,  and  produced  a 
bill  applicable  to  any  third  class  city  in  the  State,  Lockport  in- 
cluded, for  an  improved  government  plan."^^^ 

The  form  of  government  set  forth  in  this  measure  is  built  upon 
the  fundamental  features  of  the  best  existing  commission  gov- 
ernment statutes  and  charters,  that  is,  the  unification  of  all  local 
powers  of  government  in  the  hands  of  a  single  elective  body, 


166  COMMISSION  AND  MANAGER  PLANS 

and  the  short  ballot  It  also  aims  to  correct  the  inherent  defects 
in  the  ordinary  commission  form  of  government  from  an  ad- 
ministrative point  of  view. 

Under  this  proposaP^^  the  legislative  and  general  regula- 
tive powers  of  the  city  are  vested  in  a  city  council,  composed 
of  five  aldermen  elected  at  large  for  four  years,  and  subject  to 
recall  after  six  months  on  a  twenty-five  percent  petition.  The 
candidate  receiving  the  highest  number  of  votes  is  ipso  facto  the 
mayor  of  the  city,  who  possesses  certain  special  powers  and 
duties  conferred  upon  him  by  the  charter  or  the  city  council. 
Just  as  in  ordinary  commission-governed  cities,  the  mayor  in  the 
Lockport  proposal  is  to  be  the  president  and  presiding  officer  of 
the  city  council,  and  like  the  mayor  of  most  of  the  commission- 
governed  cities,  he  has  no  veto  power.  Thus  far,  the  proposed 
measure  is  similar  to  the  commission  plan ;  but  here  the  similar- 
ity ends. 

The  radical  departure  of  this  proposal  from  the  orthodox 
commission  form  is  on  the  administrative  and  executive  side, 
and  this  departure  is  made  by  the  creation  of  the  office  of  city- 
manager.  This  officer  is  chosen  by  the  city  council  to  be  the 
administrative  head  of  the  city  government  for  an  indefinite 
term.  The  city-manager  is  required  (1)  "to  see  that  within 
the  city  the  laws  of  this  state  and  the  ordinances,  resolutions  and 
by-laws  of  the  city  council  shall  be  faithfully  executed";  (2) 
' '  to  attend  all  meetings  of,  and  to  recommend  to,  the  city  council, 
from  time  to  time,  such  measures  as  he  shall  deem  necessary  or 
expedient  for  it  to  adopt";  (3)  to  present,  "at  such  times  as  the 
city  council  shall  so  require",  reports  from  the  several  depart- 
ments, and  to  ' '  draw  up  an  annual  report  which  shall  consolidate 
the  special  reports  of  several  departments";  (4)  to  be  a  member 
of  the  board  of  estimate  and  apportionment  and  to  ' '  present,  to 
that  body,  annually,  an  itemized  estimate  of  the  financial  needs  of 
the  several  departments  for  the  ensuing  year";  (5)  to  "appoint 
persons  to  fill  offices  for  which  no  other  mode  of  appointment  is 
provided";  (6)  to  "transmit  to  the  heads  of  the  several  depart- 
ments written  notice  of  all  acts  of  the  city  council  relating  to 
the  duties  of  their  departments",  and  to  "make  designations  of 
officers  to  perform  duties  ordered  to  be  performed  by  the  city 


THE  CITY-MANAGER  PLAN  167 

council";  and  finally  (7)  to  "exercise  all  other  powers  and  per- 
form all  other  duties  conferred  and  imposed  upon  mayors  of 
cities,  unless  other  designation  shall  be  made  by  this  act  or  by 
act  of  the  city  council."'^'' 

According  to  this  proposal,  therefore,  the  commission  or 
council  is  but  a  policy-determining  body,  while  the  policy- 
executing  functions  are  entrusted  to  the  city-manager.  In  other 
words,  the  plan  provides  that  "the  commission  shall  execute  its 
policies  through  a  hired  administrator,  leaves  to  the  commis- 
sioners simply  the  function  of  telling  their  city  manager  what 
the  people  want,  and  seeing  to  it  that  he  carries  out  their  orders 
in  the  spirit  in  which  they  are  issued. '  '^^^ 

Aside  from  the  main  feature  of  the  proposal  noted  above, 
several  interesting  minor  features  may  be  mentioned  in  passing. 
These  are  the  usual  minor  features  of  commission  government 
charters  or  statutes,  including  the  non-partisan  election,  the 
abolition  of  the  ward,  and  the  initiative,  referendum,  and  recall. 
An  interesting  feature  of  the  election  provision  is  the  incorpor- 
ation of  the  Canadian  system  of  nomination  by  deposit.  Nom- 
ination may  be  made  by  petition,  but  in  lieu  of  this,  "a  deposit 
of  fifty  dollars  in,  legal  tender  may  be  made  by  any  candidate  for 
the  office  of  alderman  and  his  name  shall  be  entered  upon  the 
official  ballot  in  all  respects  as  if  a  petition  had  been  filed  and 
accepted."  This  deposit,  however,  may  be  refunded  if  the 
candidate  receives  fifteen  percent  or  more  of  the  total  votes  cast. 

The  "Lockport  Bill",  introduced  in  the  New  York  legislature 
of  1911,  never  became  a  law.  It  was  due  to  the  unfortunate 
political  conditions  in  New  York  State  that  the  city  of  Lockport, 
much  to  the  disappointment  of  the  friends  of  good  government, 
never  came  under  the  operation  of  such  a  charter.*^^  But  at 
the  same  time  it  should  not  be  overlooked  that  the  Lockport  pro- 
posal, though  it  failed  to  be  written  into  the  statute  books  of 
New  York  State,  has  aroused  much  comment  and  interest 
throughout  the  country ;  and  the  cities  which  have  since  adopted 
the  eity-manager  plan  have  practically  without  exception  copied 
the  Lockport  proposal  verbatim. 


168  COMMISSION  AND  MANAGER  PLANS 

THE  SUMTER  PLAN 

The  Lockport  proposal,  though  it  excited  much  discussion, 
never  came  to  fruition ;  and  so  it  was  left  for  the  southern  city 
of  Sumter,  South  Carolina,  to  be  the  first  city  in  this  country 
to  combine  the  features  of  commission  government  with  the 
city-manager  idea.  The  new  form  of  government  thus  evolved 
is  commonly  known  as  the  commission-manager  plan,  suggesting 
the  idea  of  a  continual  development  from  the  commission  form 
of  government. 

In  1912  the  South  Carolina  legislature  passed  the  so-called 
"Columbia  Bill",  embodying  the  general  features  of  the  Des 
Moines  plan,  to  which  reference  has  already  been  made  in  an 
early  chapter.  In  this  law  there  is  a  special  provision  for  the 
government  of  Sumter  which  reads  as  follows : 

If  a  majority  of  the  ballots  cast  at  the  election  provided  for  herein 
shall  be  in  favor  of  having  a  manager  (city  manager),  then,  in  that  event, 
the  mayor  and  councilmen  when  elected  shall  not  distribute  the  powers  of 
said  council  among  the  members  of  the  same;  but  shall  employ  a  male 
person  of  sound  discretion  and  of  good  moral  character  not  of  their  number 
of  such  salary  and  upon  such  terms  as  they  may  decide,  who  shall  be  sub- 
ject to  such  rules  and  regulations  as  may  be  provided  by  said  council- 
men."" 

As  indicated  in  the  above  quotation,  the  new  form  of  govern- 
ment was  not  forced  by  the  legislature  on  the  city  of  Sumter. 
On  the  contrary,  it  was  entirely  optional  with  the  people  of  the 
city  to  adopt  either  the  straight  commission  form,  as  provided  in 
the  State  law,  or  the  city-manager  plan.  On  June  12,  1912,  a 
special  election  was  held,  and  the  new  city-manager  plan  which 
carried  out  the  essentials  of  the  Lockport  proposal  was  adopted 
by  a  vote  of  two  to  one.^^^ 

In  August  of  the  same  year  the  first  election  took  place.  In- 
asmuch as  the  new  plan  removes  the  burden  of  administrative 
details  from  the  members  of  the  elective  board,  it  provides  more 
chances  for  business  men  of  ability  to  assume  the  responsibility 
of  municipal  management  without  at  the  same  time  giving  up 
their  private  interests.  The  commission  of  three  members  which 
was  elected  was  said  to  be  "  composed  of  the  strongest  and  ablest 
of  men  that  could  be  brought  together";  one  of  them  was  a 
former  mayor  and  the  chief  advocate  of  the  new  system ;  another 


THE  CITY-MANAGER  PLAN  169 

was  a  banker ;  and  the  third  was  a  prominent  merchant/**  The 
three  men  who  make  up  the  commission,  one  of  them  bearing 
the  title  of  mayor,  are  not  attracted  by  the  salary  of  the  office, 
which  is  only  $300  for  the  mayor  and  $200  for  the  comicilmen; 
nor  are  they  expected  to  give  any  considerable  time  to  their 
public  duties.  Indeed,  they  are  frankly  not  experts.  Their  only 
function  is  to  represent  the  interests  of  the  city  as  a  board  of 
directors  and  to  delegate  the  responsibility  for  detail  work  to  a 
competent  executive  known  as  the  city-manager,  who  is  their 
servant  and  holds  his  office  at  their  pleasure.  To  this  officer  the 
couneilmen  entrust  the  appointment,  subject  to  civil  service 
rules,  of  all  the  other  city  officers  and  employees;  and  to  him 
they  look  for  reports  of  the  city's  needs  and  the  formulation  of 
the  city's  budget.^^^ 

The  first  task  of  this  newly-elected  council  was  the  selection  of 
a  competent  and  trained  man  as  the  first  city-manager  of  Sum- 
ter ;  and  in  performing  its  duty,  the  council  advertised  through- 
out the  country  for  a  general  business  manager,  just  as  a  private 
business  concern  usually  does  under  the  same  circumstances. 
Such  a  practice,  though  not  uncommon  in  Germany,  was  cer- 
tainly a  unique  spectacle  in  this  country.  Indeed,  the  council 
had  caught  the  spirit  of  the  new  plan.^^* 

As  the  proclamation  of  the  Sumter  Council  issued  on  October 
14,  1912,  was  the  first  advertisement  of  this  kind  ever  published 
in  this  country,  it  may  be  quoted  in  full : 

October  14,  1912. 

The  city  of  Sumter  hereby  announces  that  applications  will  be  received 
from  now  till  December  the  first  for  the  otlice  of  City  Manager  of  Sumter. 

This  is  a  rapidly  growing  manufacturing  city  of  10,000  population,  and 
the  applicant  should  be  competent  to  oversee  public  works,  such  as  paving, 
lighting,  water  supply,  etc. 

An  engineer  of  standing  and  ability  would  be  preferred. 

State  salary  desired  and  previous  experience  in  municipal  work. 

The  City  Manager  will  hold  office  as  long  as  he  gives  satisfaction  to  the 
commission.  He  will  have  complete  administrative  control  of  the  city, 
subject  to  the  approval  of  the  board  of  three  elected  commissioners. 

There  will  be  no  politics  in  the  job;  the  work  will  be  purely  that  of  an 
expert. 

Local  citizenship  is  not  necessary,  although  a  knowledge  of  local  condi- 
tions and  traditions  will  of  course  be  taken  into  consideration. 


170  COMMISSION  AND  MANAGER  PLANS 

A  splendid  opportunity  for  the  right  man  to  make  a  record  in  a  new  and 
coming  profession,  as  this  is  the  first  time  that  a  permanent  charter 
position  of  this  sort  has  been  created  in  the  United  States. 

At  the  request  of  the  City  Commissioners  these  applications  will  be 
filed  with  the  Chamber  of  Commerce  of  Sumter,  A.  V.  Snell,  Secretary ."=» 

This  proclamation  attracted  nation-wide  attention.  Almost 
all  the  leading  newspapers  of  the  country  and  municipal  and 
engineering  journals  of  any  importance  published  the  news  and 
the  advertisement.  In  response,  nearly  one  hundred  and  fifty  ap- 
plications appeared — a  majority  of  them  being  from  civil  engi- 
neers with  experience  in  municipal  work.  After  an  investigation 
of  the  records  of  various  applicants,  the  council  chose  Mr.  M.  M. 
"Worthington,  a  non-resident  civil  engineer,  and  duly  appointed 
him  to  the  position  of  the  first  city-manager  of  Sumter  in  Jan- 
uary, 1913.  His  salary  was  fixed  at  $2400  per  annum.  Mr. 
Worthington  held  his  position  for  nine  months  and  was  succeeded 
by  Major  Robertson  at  $3300  a  year.  But  the  second  manager 
resigned  after  only  a  few  months'  service  (November  1, 
1914)  52S  Since  then  the  position  of  city-manager  in  Sumter  has 
not  been  filled. 

The  causes  of  the  unsatisfactory  results  in  Sumter  have  been 
well  stated  and  set  forth  in  the  June,  1915,  number  of  The  Ameri- 
can City,  under  the  heading  ''How  the  City  Manager  plan  was 
handicapped :  Three  comments  on  the  unsatisfactory  experience 
of  Sumter,  S.  C,  with  the  commission  manager  plan  under  a 
defective  charter.  "^^^  These  three  comments,  though  written 
from  different  viewpoints  and  by  different  persons — a  local  ob- 
server, a  charter  expert,  and  Sumter's  last  city  manager — came 
to  the  same  conclusion,  that  the  unsatisfactory  experience  was 
not  the  result  of  the  defects  of  the  plan  itself,  but  was  due  to 
the  peculiar  local  conditions  existing  in  Sumter.  Mr.  Robert- 
son, Sumter's  last  city-manager,  formulated  in  this  connection 
two  principles  essential  to  the  success  of  the  city-manager  plan, 
which  were  absent  in  the  Sumter  plan.  ' '  First,  the  responsibili- 
ties and  duties  and  authority  of  the  city  manager  should  be 
clearly  set  forth;  Second,  it  should  be  a  misdemeanor  (or  pos- 
sibly a  felony  would  be  more  effective)  for  a  commissioner  or 
councilman,  except  in  official  session,  to  interfere  in  any  way 
with  or  assume  in  any  way  the  authority  of  the  City  Manager." 


THE  CITY-MANAGER  PLAN  171 

These  two  prmciples  are  certainly  very  fundamental  to  the  suc- 
cess of  the  city-manager  plan,  and  cities  failing  to  observe  them 
will  inevitably  be  disappointed  in  the  working  of  the  plan. 

THE  CITY-MANAGER  PLAN  IN  HICKORY  AND  MORGANTON, 
NORTH  CAROLINA 

Not  long  before  Sumter  came  under  the  new  plan  of  govern- 
ment the  citizens  of  a  little  town  of  3716  inhabitants  in  the 
neighboring  State,  namely,  Hickory,  North  Carolina,  became  in- 
terested in  a  new  charter.  They  took  up  the  Lockport  proposal, 
and  utilized  it.  The  new  charter"*  adopted  on  March  17,  1913, 
followed  very  closely  the  model  charter  except  that  the  members 
of  the  council,  instead  of  being  elected  at  large,  were  chosen  by 
wards,  and  that  the  city-manager  is  charged  with  certain  specific 
engineering  duties,  including  "authority  and  charge  over  all 
public  works,  the  erection  of  buildings  for  the  city,  the  making 
and  construction  of  all  improvements,  paving,  curbing,  side- 
walks, streets,  bridges,  viaducts,  and  the  repair  thereof". 

Furthermore,  the  city-manager  in  Hickory  is  authorized  to 
"approve  all  estimates  of  the  cost  of  public  works,  and  recom- 
mend to  the  city  council  the  acceptance  or  rejection  of  the  work 
done  or  improvements  made ;  he  shall  have  control,  management 
and  direction  of  all  public  grounds,  bridges,  viaducts  and  public 
buildings ;  he  shall  have  control  of  the  location  of  the  street  car 
tracks,  telephone,  telegraph  poles  and  wire ;  he  shall  have  charge 
of  the  water  sheds  from  which  the  city  takes  it  supply  of  water, 
pumping  stations,  pipe  lines,  filtering  apparatus,  and  all  other 
things  connected  or  incident  to  the  proper  supply  of  water  for 
the  city;  and  shall  secure  all  rights  of  way  and  easements  con- 
nected with  the  water  works  or  sewerage  systems,  or  the  exten- 
sion of  the  streets".  The  first  appointee  to  the  position  of 
city-manager  was  Mr.  Marvin  Sherrill  of  Louisville,  Ken- 
tucky.529 

The  neighboring  city  of  Morganton  observed  with  great  inter- 
est the  formulation  and  adoption  of  the  city-manager  charter 
at  Hickory.  In  fact,  the  people  of  Morganton  liked  the  Hickory 
charter  so  well  that  they,  after  making  a  few  changes  in  it,  took 
it  to  the  State  capital  and  secured  its  enactment  as  their  own 


172  COMMISSION  AND  MANAGER  PLANS 

charter.  But  instead  of  being  called  ''city  manager",  the  nfiw 
officer  in  Morganton  was  created  with  the  title  of  "Town  Man- 
ager". This  title  is  probably  more  suitable  to  Morganton,  which 
has  only  2712  inhabitants.  The  government  of  the  city  is  vested 
in  a  mayor  and  two  aldermen,  comprising  the  city  council,  by 
whom  the  town  manager  is  appointed.  His  term  of  office  is  at 
the  pleasure  of  the  council.  The  plan  became  operative  in  May, 
1913;  and  the  new  position  created  was  immediately  filled  on 
May  lOth.^s"  ^   -  '^ 

THE   CITY-MANAGER  PLAN   IN   DAYTON,   OHIO 

Reference  has  already  been  made  to  the  home  rule  amendment 
made  to  the  Constitution  of  Ohio  in  1912  by  which  Ohio  cities 
were  emancipated  from  legislative  domination  and  given  the 
right  to  frame  and  adopt  their  own  charters.  Immediately  after 
this  amendment  went  into  effect  on  January  1,  1913,  scores  of 
Ohio  cities  began  to  avail  themselves  of  the  privileges  thus 
granted;  and  among  them  was  Dayton.  At  the  very  beginning 
of  the  charter  campaign  in  Dayton  public-spirited  citizens  and 
numerous  civic  organizations,  including  the  Chamber  of  Com- 
merce, the  Bureau  of  Municipal  Research,  and  a  variety  of 
others,  insisted  on  the  introduction  of  the  city-manager  plan. 
When  the  campaign  was  under  way  there  came  the  disastrous 
flood  of  March  25th. ^^^ 

It  is  a  curious  fact  that  twice  has  a  flood  disaster  brought 
about  an  important  departure  in  American  municipal  govern- 
ment. Just  as  the  flood  of  1900  resulted  in  giving  Galveston  the 
famous  commission  government,  so  Dayton  received  a  new  type 
of  government  as  a  result  of  the  flood  of  1913.  This  coincidence 
arouses  historical  curiosity  in  the  fact  that  at  the  time  of  a  great 
disaster,  like  the  flood,  when  the  governmental  mechanism  has 
completely  broken  down,  the  only  thing  that  can  save  the  situa- 
tion is  to  put  the  management  of  the  city's  affairs  in  the  hands 
of  a  small  committee  which  is  able  to  act  quickly  and  effectively. 
This  was  what  was  actually  done  both  in  Galveston  and  in  Day- 
ton. The  practical  demonstration  of  the  operation  of  a  simpli- 
fied governmental  form  given  to  the  people  at  such  a  critical  time 
served  not  only  as  a  powerful  incentive  to  discard  time-honored 


THE  CITY-MANAGER  PLAN  173 

and  unworkable  political  concepts  and  theories,  but  also  as  a 
means  of  bringing  out  and  of  introducing  new  methods  and  new 
ideas  of  government  which  conform  to  modern  conditions. 

It  is  true  that  had  there  been  no  flood,  Dayton  might  still  have 
adopted  the  city-manager  plan;  but  it  is  also  true  that  the 
great  flood  emphasized  the  faults  of  the  old  system  and  taught 
the  need  of  an  effective  and  efficient  government,  and  that  the 
enthusiasm  and  interest  of  the  citizens  of  Dayton  might  never 
have  been  stirred  up  to  such  a  degree  as  was  shown  in  the  cam- 
paign, if  the  old  government  had  not  completely  broken  down. 
As  it  was,  the  result  on  May  20th,  when  Dayton  decided  by  a 
vote  of  11,542  to  2020  to  have  a  charter  convention,  was  the 
election  of  every  one  of  the  fifteen  candidates  on  the  commission- 
manager  ticket/^^ 

After  the  election  the  charter  board  worked  diligently  on  the 
charter,  and  submitted  their  finished  work  to  the  people  in  July. 
On  August  12th  an  election  was  held,  and  the  result  was  the 
adoption  of  the  new  charter  by  a  vot«  of  13,217  to  6042.^-"' 

The  adoption  of  the  new  plan  by  so  important  a  city  as  Day- 
ton, having  a  population  of  over  115,000,  gave  the  greatest 
publicity  to  the  city-manager  plan.  Hitherto,  this  innovation 
in  American  municipal  government  had  made  only  a  slight  im- 
pression upon  the  public  mind;  and  it  is  to  the  Ohio  cities, 
especially  to  Dayton,  that  must  be  attributed  the  credit  of 
bringing  the  plan  into  the  realm  of  practical  possibility  and  of 
popularizing  it  throughout  the  country.  Dayton  is  to  the  city- 
manager  plan  what  Des  Moines  has  been  to  the  commission  plan. 

In  analyzing  the  Dayton  charter  it  should  be  constantly  kept 
in  mind  that  it  was  the  deliberate  intention  of  the  framers  of 
the  Dayton  plan  to  retain  the  strength  of  the  commission  plan 
and  at  the  same  time  add  to  it  a  permanent  administrative  force 
of  trained  executives.  Such  an  endeavor  is  well  indicated  in 
the  statement  of  the  charter  commission  issued  to  the  voters 
when  the  proposed  charter  was  submitted.  Part  of  the  state- 
ment is  as  follows : 

We  have  taken  a  step  in  advance  of  the  Commission  governed  cities  and 
provided  a  remedy  for  the  generally  acknowledged  defect  of  such  forms. 
We  have  provided  a  chief  administrative  oflScer  named  'The  City  Manager', 
whose  duty  it  shall  be  to  supervise  and  control  the  conduct  and  operations 


174  COMMISSION  AND  MANAGER  PLANS 

of  all  officers  and  employes  of  the  city  and  to  manage  the  affairs  of  the 
city  in  an  efficient  and  economical  manner.  We  are  convinced  this  cen- 
tralization of  administrative  authority  will  produce  business-like  methods 
in  city  government  and  fix  responsibility  for  official  action  that  will  result 
in  great  benefit. 

In  these  words  of  the  charter  commission  may  be  found  the 
keynote  of  the  new  charter,  which  is  an  attempt  to  secure 
democracy  and  efficiency  at  the  same  time — the  most  difficult 
problem  of  present-day  politics.  This  combination  was  effected 
in  Dayton  by  a  complete  separation  of  the  legislative  from  the 
administrative  functions  of  government  and  by  the  subordi- 
nation of  the  administrative  officers  to  the  legislative  authority. 
In  other  words,  the  functions  of  the  representatives  of  the  people 
are  strictly  limited  to  the  determination  of  what  shall  be  the 
general  policies  of  the  government,  while  the  execution  of  the 
policies  thus  determined  is  delegated  to  the  so-called  ' '  controlled 
executive",  an  appointed  officer  held  definitely  responsible. 

The  policy-determining  functions  of  the  city 's  government  are 
entrusted  to  a  commission  of  five  members,  elected  at  large  on  a 
non-partisan  ticket  for  a  term  of  four  years.  Nomination  is 
made  by  a  primary  election,  and  the  name  of  any  elector  of  the 
city  may  be  put  on  the  primary  ballot  on  petition  of  "at  least 
two  percent  of  the  total  number  of  registered  voters  in  the 
municipality.  "^^^  This  board  of  commissioners  is  to  be  a  con- 
tinuous body,  since  the  terms  of  three  and  two  of  them  expire 
alternately  every  two  years. 

The  mayor  is  not  separately  elected  as  such,  but  the  commis- 
sioner who  receives  the  highest  vote  at  the  election  at  which 
three  commissioners  are  chosen  is  ipso  facto  the  mayor  of  the 
city.  His  duties  are  to  preside  over  the  meetings  of  the  com- 
mission and  to  represent  the  city  as  one  of  the  members  of  the 
county  budget  commission  for  the  fixing  of  the  tax  rate.  He  is 
"recognized  as  the  official  head  of  the  city  by  the  courts  for  the 
purpose  of  serving  civil  processes,  by  the  Governor  for  the  pur- 
poses of  the  military  law,  and  for  all  ceremonial  purposes. '  '^^^ 

Each  commissioner  receives  an  annual  salary  of  $1200  and  the 
mayor  has  an  additional  sum  of  $600.  A  deduction  of  one  per- 
cent of  the  annual  salary  is  to  be  made  for  each  absence  of  a 
commissioner   from   a   regular   meeting,    and   five    consecutive 


THE  CITY-MANAGER  PLAN  175 

absences  may  operate  to  vacate  the  seat.  The  commission  is 
required  to  meet  not  less  than  once  a  week.  But  the  duties  of 
the  commissioners  are  by  no  means  burdensome :  They  may  be 
briefly  summarized  under  two  headings:  (1)  the  appointment 
of  a  city-manager,  a  city  clerk,  several  members  of  a  county 
board,  and  a  civil  service  board;  and  (2)  the  enactment  of 
various  kinds  of  ordinances,  like  appropriation  ordinances,  po- 
lice ordinances,  and  ordinances  determining  upon  public  works 
to  be  paid  for  by  special  assessments.^^^ 

The  officer  taking  charge  of  the  entire  detailed  administrative 
work  is  the  city-manager,  who  is  defined  in  the  charter  as  "the 
administrative  head  of  the  municipal  government",  and  is  held 
"responsible  for  the  efficient  administration  of  all  departments". 
The  appoinnment  of  the  city-manager  made  "without  regard  to 
his  political  beliefs",  and  he  himself  "may  or  may  not  be  a 
resident  of  the  city  of  Dayton  when  appointed.  "^^''  The  city- 
manager  holds  his  office  at  the  will  of  the  commission  and  is  also 
subject  to  popular  recall.  Charter  experts  do  not  agree  on  the 
advisability  of  the  last  mentioned  provision.  It  was  said  that 
* '  the  very  first  step  in  the  direction  of  expert  city  administration 
was  to  take  the  choice  of  the  experts  out  of  the  hands  of  the  elec- 
torate and  to  put  it  into  the  hands  of  some  other  organ,  the  council 
or  the  mayor,  as  the  case  may  be  ....  If  it  is  characteristic  of 
the  city  manager  plan  to  make  the  commission  or  council  re- 
sponsible for  choosing  the  best  man  for  the  place,  what  possible 
justification  can  there  be  for  making  that  same  man  subject  to 
recall  by  the  electorate  ? '  '^^* 

The  duties  and  powers  of  the  city-manager  are  very  extensive, 
and  as  enumerated  in  the  charter,  they  are  as  follows: 

To  see  that  the  laws  and  ordinances  are  enforced; 

To  appoint  and,  except  as  herein  provided,  remove  all  directors  of  de- 
partments and  all  subordinate  officers  and  employes  in  the  departments  in 
both  the  classified  and  unclassified  services ;  all  appointments  to  be  upon 
merit  and  fitness  alone,  and  in  the  classified  service  all  appointments  and 
removals  to  be  subject  to  the  civil  service  provisions  of  this  charter; 

To  exercise  control  over  all  departments  and  divisions  created  herein  or 
that  may  be  hereafter  created  by  the  Commission; 

To  attend  all  meetings  of  the  Commission  with  the  right  to  take  part  in 
the  discussion  but  having  no  vote; 


176  COMMISSION  AND  MANAGER  PLANS 

To  recommend  to  the  Commission  for  adoption  such  measures  as  he 
may  deem  necessary  or  expedient; 

To  keep  the  Commission  fully  advised  as  to  the  financial  condition  and 
needs  of  the  city;  and 

To  perform  such  other  duties  as  may  be  prescribed  by  this  charter  or  be 
Op-^''  «^  required   of  him   by  ordinance   or   resolution   of  the   Commission. °'' 

V) '  Thus,  the  city-manager  exercises  all  the  functions  of  municipal 

government  except  those  which  are  political  or  policy-determin- 
ing in  nature.  Under  him  there  are,  for  administrative  pur- 
poses, five  operating  departments.  At  the  head  of  each  depart- 
ment there  is  a  director,  chosen  by  the  city-manager  for  an  in- 
definite term  and  responsible  to  him  and  the  commission  "for 
the  conduct  of  the  officers  and  employes  of  his  department,  for 
the  performanee  of  its  business,  and  for  the  custody  and  preser- 
vation of  the  books,  records,  papers,  and  property  under  its 
control."^*''    These  directors  are: 

1.  The  "Director  of  Law",  who  is  the  city  attorney. 

2.  The  "Director  of  Public  Service",  who  has  "charge  of 
the  construction,  improvement,  repair,  and  maintenance  of 
streets,  sidewalks,  alleys,  lanes,  bridges,  viaducts,  and  other  pub- 
lic highways ;  of  sewers,  drains,  ditches,  culverts,  canals,  streams, 
and  water  courses " ;  of  the  collection  of  garbage  and  ashes ; 
and  the  general  supervision  of  all  public  utilities. 

3.  The  "Director  of  Public  Safety",  who  is  the  executive 
head  of  the  divisions  of  police  and  fire,  and  also  the  chief  ad- 
ministrative authority  in  all  matters  affecting  building  in- 
spection and  regulation,  and  the  enforcement  of  ordinances  re- 
lating to  weights  and  measures. 

4.  The  "Director  of  Finance",  who  has  under  him  the  city 
accountant,  the  city  treasurer,  and  the  city  purchasing  agent. 

5.  The  ' '  Director  of  Public  Welfare ' ',  who  has  charge  of  ' '  all 
charitable,  correctionable,  and  reformatory  institutions  and 
agencies  belonging  to  the  city ;  the  use  of  all  recreational  facili- 
ties of  the  city  including  parks  and  playgrounds ' ' ;  and  who  lias 
also  under  him  the  health  officer  of  the  city. 

This  division  of  government  for  administrative  purposes  into 
five  departments,  so  common  in  the  commission-governed  cities, 
is,  however,  by  no  means  to  be  considered  as  final  in  Dayton.  In 
fact,  a  reservation  is  specifically  made  in  the  charter  by  which 


THE  CITY-MANAGER  PLAN  177 

the  commission  "may  by  ordinance  discontinue  any  department 
and  determine,  combine,  and  distribute  the  functions  and  duties 
of  departments  and  subdivisions  thereof .  "^^■' 

An  interesting  provision  in  the  Dayton  charter,  not  ordinarily 
found  in  American  charters,  is  the  section  which  provides  for 
the  appointment  of  a  "City  Plan  Board"  by  the  commission,  and, 
upon  the  request  of  the  city-manager,  for  the  appointment  of 
citizen  boards  to  act  in  an  advisory  capacity  with  various  de- 
partment heads. 

Oftentimes  claims  have  been  made  that  the  commission  form 
of  city  government  is  modelled  upon  the  organization  of  large 
business  corporations.  But  even  a  superficial  examination  of 
the  Des  Moines  charter  and  other  charters  modelled  after  it 
will  reveal  the  obvious  fact  that  both  Des  Moines  and  other 
commission-governed  cities  have  failed  to  install  modem  scien- 
tific methods  of  managing  business,  which  are  indispensable  in 
the  operation  of  commercial  organizations.  The  framers  of  the 
Des  Moines  plan,  in  their  endeavor  to  model  the  city  govern- 
ment on  the  plan  of  private  business  organization,  unfortunate- 
ly overlooked  or  minimized  the  importance  of  the  characteristic 
features  of  modern  business  management. 

As  a  matter  of  fact,  provisions  like  scientific  budget-making, 
accounting  procedure,  the  purchasing  of  supplies,  service  and 
operating  cost,  the  standardization  of  duties  and  compensation, 
are  of  far  more  importance  to  the  successful  operation  of  various 
phases  of  municipal  administration  than  is  the  bare  framework 
of  a  simplified  government  machinery.  The  almost  universal 
failure  of  the  commission-governed  cities  to  install  scientific 
methods  of  business  management  may  partly  account  for  the 
mediocre  administrative  accomplishments  under  this  form  of 
government,  and  for  the  recent  decline  of  enthusiasm  for  that 
plan.  On  the  other  hand,  a  few  cities  operating  under  the  may- 
or-and-council  plan  of  government  have  by  the  adoption  of 
these  improved  methods  of  business  management  succeeded  in 
increasing  the  efficiency  and  economy  of  their  administration, 
and  have  been  recognized  as  being  more  efficiently  governed  than 
are  some  cities  with  commission  government  cliarters. 


178  COMMISSION  AND  MANAGER  PLANS 

Realizing  the  failure  of  the  Des  Moines  plan  to  carry  out 
consistently  the  application  of  modern  scientific  business  meth- 
ods to  city  government  and  its  failure  to  recognize  the  impor- 
tance of  business  methods  in  municipal  administration,  the 
framers  of  the  Dayton  charter  introduced  in  that  instrument 
numerous  detailed  provisions  for  the  operation  of  the  adminis- 
trative departments  and  for  the  guidance  of  the  administrative 
officers.  These  features,  which  are  usually  absent  in  the  ordi- 
nary commission  charters,  include  provisions  governing  the 
budget-making,  accounting  procedure,  the  purchasing  agent, 
public  improvements,  and  the  like.  Space  forbids  a  detailed 
analysis  and  discussion  of  these  important  features,  but  a  brief 
summary  of  the  financial  system  may  illustrate  the  up-to-date 
method  installed  in  Dayton. 

The  fiscal  year  of  the  city  is  coincident  with  the  calendar  year. 
The  procedure  provided  in  the  charter  for  the  appropriation  of 
funds  may  be  briefly  summarized  as  follows:  the  city-manager 
is  required  to  submit  to  the  commission  not  later  than  November 
1st  of  each  year  "an  estimate  of  the  expenditures  and  revenues 
of  the  city  departments  for  the  ensuing  year",  to  be  compiled 
from  detailed  information  obtained  from  the  several  depart- 
ments. The  classification  of  the  estimates  of  expenditures  must 
as  nearly  as  possible  correspond  to  the  main  functional  divisions 
of  all  departments;  and  the  following  information  must  be  pre- 
sented in  parallel  columns : 

A  detailed  estimate  of  the  expense  of  conducting  each  department  as 
submitted  by  the  department. 

Expenditures  for  corresponding  items  for  the  last  two  fiscal  years. 

Expenditures  for  corresponding  items  for  the  current  fiscal  year,  including 
adjustments  due  to  transfers  between  appropriations  plus  an  estimate  of 
expenditure  necessary  to  complete  the  current  fiscal  year. 

Amount  of  supplies  and  materials  on  hand  at  the  date  of  the  preparation 
of  the  invoice. 

Increase  or  decrease  of  requests  compared  with  the  corresponding  appro- 
priations for  the  current  year. 

Such  other  information  as  is  required  by  the  Commission  or  that  the  City 
Manager  may  deem  advisable  to  submit. 

The  recommendation  of  the  City  Manager  as  to  the  amounts  to  be  appro- 
priated with  reasons  thereof  in  such  detail  as  the  Commission  may  direct.*" 

Copies  of  the  estimates,  when  prepared  and  submitted,  must 
be  on  file  in  the  office  of  the  commission  for  public  inspection  and 


THE  CITY-MANAGER  PLAN  179 

examination ;  and  provision  is  made  for  public  hearings  and  for 
the  publication  of  the  tentative  appropriation  ordinance  before 
its  final  passage. 

In  order  to  provide  adequate  regulation  of  accounting  pro- 
cedure, the  framers  of  the  Dayton  charter  borrowed  two  sec- 
tions from  the  Cleveland  charter.  One  of  these  sections  reads 
as  follows:  "Accounting  procedure  shall  be  devised  and  main- 
tained for  the  city  adequate  to  record  in  detail  all  transactions 
affecting  the  acquisition,  custodianship,  and  disposition  of  value, 
including  cash  receipts  and  disbursements"/^*  The  other  bor- 
rowed section,  which  is  simply  a  corollary  of  the  above  clause, 
requires  the  commission  to  make  a  continuous  audit  of  "the 
books  of  accounts,  records,  and  transactions  of  the  administra- 
tive departments  of  the  city.  Such  audit  ....  shall  be 
made  by  one  or  more  certified  public  accountants  .... 
[whose  duties]  shall  include  the  certification  of  all  statements 
.  [including]  a  general  balance  sheet,  exhibiting  the 
assets  and  liabilities  of  the  city,  supported  by  departmental 
schedules,  and  schedules  for  each  utility  publicly  owned  and 
operated;  summaries  of  income  and  expenditure,  supported  by 
detailed  schedules;  and  also  comparisons,  in  proper  classifica- 
tions, with  the  last  previous  year. '  '^^* 

Supplementing  these  charter  provisions  for  financial  control, 
ordinances  have  been  passed  making  further  detailed  provisions 
for  departmental  procedure,  such  as  the  installation  of  ledgers 
and  records,  the  method  of  central  control  of  operating  reports, 
unit  cost  records,  and  the  like.^^^  In  short,  a  detailed  and  most 
up-to  date  municipal  accounting  system  has  been  installed  in 
Dayton.  Closely  connected  with  the  financial  accounting  system 
are  the  provisions  by  which  the  "heads  of  each  department  or 
office  shall  require  proper  time  reports  from  all  service  rendered 
to  be  certified  by  those  having  cognizance  thereof,  to  serve  as  a 
basis  for  the  preparation  of  pay-roll  vouchers. '  '^^^  Thus  Dayton 
has  established  a  financial  system  which  compares  favorably  with 
that  found  in  large  business  organizations  and  which  is  equaled 
by  only  a  few  other  cities  in  this  country. 

There  are  also  complete  and  lengthy  provisions  with  reference 
to  the  city  purchasing  agent,  the  financing  of  public  improve- 


180  COMMISSION  AND  MANAGER  PLANS 

ments,  the  control  of  franchises,  civil  service,  and  the  initiative, 
referendum,  and  recall. 

On  the  whole,  the  Dayton  charter  is  a  great  improvement  on 
those  in  common  use,  but  it  is  still  far  from  being  perfect.  There 
are  weaknesses  in  this  as  well  as  in  other  charters — a  number  of 
which  have  already  been  pointed  out  by  charter  experts.  But  it 
must  be  admitted  that  the  lines  laid  down  in  the  Dayton  charter 
are  in  the  right  direction,  and  it  only  requires  time  and  exper- 
ience to  improve  and  perfect  the  plan  step  by  step.^^^ 

THE  CITY-MANAGER  PLAN  IN  OTHER  CITIES  OF  OHIO 

Among  the  charters  drafted  following  the  adoption  of  the 
home  rule  amendment  to  the  Ohio  Constitution,  those  of  Dayton, 
Springfield,  Youngstown,  and  Elyria  were  of  city-manager  va- 
riety. The  proposed  Youngstown  charter  deserves  special  men- 
tion since  it  added  to  the  city-manager  plan,  among  other  features, 
the  preferential  system  of  voting.  It  provided  for  a  council  of 
nine  members,  nominated  from  wards  but  elected  at  large  for  a 
term  of  four  years.  The  mayor  was  elected  by  the  council 
from  among  its  own  members.  His  chief  functions  were  to 
appoint  all  standing  and  special  committees  of  the  council  and 
to  cast  two  votes  in  case  of  a  tie.  For  the  exercise  of  adminis- 
trative functions  a  general  director  was  provided  whose  duties 
and  powers  were,  in  general,  similar  to  those  conferred  upon  the 
city  managers  of  other  cities.  But  the  only  deviation  from  the 
standard  city-manager  charter  was  the  five-year  residence  re- 
quirement at  the  time  of  his  appointment.  Provision  was  also 
made  for  an  administrative  council  which  should  consist  of  the 
general  director,  the  director  of  law,  the  director  of  finance,  and 
the  heads  of  departments  and  divisions,  and  which  should  meet 
at  least  once  a  month. ^^* 

The  Elyria  charter  was  not  materially  different  from  the  Day- 
ton charter,  except  that  the  title  "director  of  public  affairs" 
was  used  instead  of  the  familiar  term  "city  manager".  Another 
and  more  serious  deviation  from  the  Dayton  charter  was  the  pro- 
vision making  the  solicitor,  city  clerk,  auditor,  and  treasurer 
direct  employees  of  the  commission  rather  than  of  the  c^tv-m-n- 
ager.     In  taking  this  step  the  charter  framers  justified  them- 


i 


THE  CITY-MANAGER  PLAN  181 

selves  on  the  ground  that  the  auditor  and  treasurer  should  act  as 
checks  on  the  city-manager,  and  that  the  solicitor  and  the 
clerk  had  more  intimate  and  direct  relationship  to  the  city  coun- 
cil in  the  shaping  of  its  policies  and  the  keeping  of  its  records 
than  to  the  city-manager/^^ 

The  charters  of  Youngstown  and  Elyria  above  outlined  were 
both  defeated.  The  vigorous  opposition  of  the  politicians  and 
the  insufficient  publicity  given  to  the  charter  provisions  were 
said  to  be  the  main  causes  for  the  defeat  of  the  new  plan  in  both 
cases. 

Springfield  was  the  second  Ohio  city  to  take  up  Avith  the  city- 
manager  plan,  which  was  adopted  by  a  vote  of  5957  to  2652  on 
August  26,  1913.^^"  In  essentials  the  Springfield  charter  follows 
closely  the  Dayton  charter.  There  is  a  commission  of  five  mem- 
bers, elected  at  large  and  for  a  four-year  term.  The  commission 
has  a  president  who  is  to  be  the  official  and  ceremonial  head  of  the 
city,  corresponding  to  the  mayor  of  the  English  borough  cor- 
poration. The  city-manager,  chosen  by  the  commission  without 
regard  to  his  political  affiliation  or  residence,  is  to  be  the  real 
head  of  the  municipal  administration.  The  city-manager  in 
Springfield  is  charged  with  the  same  duties  and  given  the  same 
powers  as  is  the  city-manager  in  Dayton,  with  certain  devi- 
ations. In  Springfield  the  city-manager  is  charged  with  the 
additional  duty  of  seeing  that  ' '  all  terms  and  conditions  imposed 
in  favor  of  the  city  or  its  inhabitants  in  any  public  utility 
franchise  are  faithfully  kept  and  performed ;  and  upon  knowl- 
edge of  any  violation  thereof  to  call  the  same  to  the  attention  of 
the  city  solicitor,  who  is  hereby  required  to  take  such  steps  as 
are  necessary  to  enforce  the  same.  "^^^  As  in  the  case  of  the 
proposed  Elyria  charter,  the  Springfield  plan  takes  certain  of 
the  general  officials — including  the  city  solicitor,  city  auditor, 
city  treasurer,  and  purchasing  agent — out  of  the  control  of  the 
city-manager  and  puts  them  under  the  commission.  With  these 
two  exceptions  the  provisions  in  the  Springfield  charter  relat- 
ing to  the  city-manager  are  taken  verbatim  from  the  correspond- 
ing provisions  in  the  Dayton  charter. 

The  city  budget  system,  the  accounting  methods,  and  other 
features  of  the  Dayton  charter  also  appear  almost  verbatim  in 


182  COMMISSION  AND  MANAGER  PLANS 

the  Springfield  document.  A  civil  service  commission  and  the 
maintenance  of  a  board  of  sinking  fund  trustees  are  also  pro- 
vided for ;  and  the  members  of  these  bodies  are  under  the  direct 
control  of  the  commission.  The  referendum  and  recall  are 
available  on  a  fifteen  percent  petition ;  but  the  referendum  at  a 
special  election  requires  a  petition  of  twenty-five  percent,  which  is 
also  the  number  of  voters  required  to  submit  a  proposed  ordi- 
nance to  the  electorate.^^^ 

The  next  city  in  Ohio  to  provide  for  the  commission-manager 
plan  was  Sandusky,  which  adopted  a  new  home  rule  charter 
providing  for  that  form  of  government  on  July  28,  1914,  by  a 
vote  of  1396  to  1289.^^^  In  the  main,  this  charter  also  follows 
the  Dayton  or  Springfield  model ;  but  some  deviations  are  found 
in  the  election  sections,  which  contain  no  provision  for  primaries. 
All  candidates  are  nominated  by  petition,  and  a  plurality  vote 
is  sufficient  to  determine  the  choice.  With  this  exception  all  the 
other  important  provisions  of  the  charter  are  copied  verbatim 
from  one  or  the  other  of  two  charters  mentioned.^^* 

The  commission-manager  plan,  as  developed  in  Dayton  and 
other  cities  in  Ohio  or  elsewhere,  though  proved  to  be  superior 
to  any  other  form  of  city  government  previously  adopted,  has 
still  one  serious  defect.  It  has  been  claimed  that  the  council  or 
commission  under  this  new  plan,  being  a  legislative  and  repre- 
sentative body  only,  ought  to  consist  of  the  representatives  of 
various  elements  of  the  city  population.  The  system  of  election 
provided  in  the  orthodox  commission-manager  system  usually 
results  in  the  election  of  the  councilmen  belonging  to  one  party 
or  one  faction  of  the  electorate,  and  a  legislative  body  represent- 
ing one  party  or  one  faction  of  the  electorate  is  more  or  less 
objectionable  under  any  form  of  government.  It  is  especially 
so  under  the  manager  plan  when  the  small  council,  having  as  its 
chief  function  the  determination  of  policy,  may  also  elect  the 
chief  executive  to  carry  out  the  policies  so  determined.  On 
more  than  one  occasion,  the  Dayton  charter  has  been  subjected 
to  serious  criticism  not  because  of  any  defects  in  the  adminis- 
trative methods,  but  because  of  the  fact  that  the  only  voters 
represented  in  the  commission  of  five,  the  city's  only  representa- 
tive body,  are  those  making  up  the  one  group  in  the  city  which 


THE  CITY-MANAGER  PLAN  183 

framed  the  charter.^^^  But  ' '  fairness  demands  that  if  the  council 
is  to  have  this  elective  function  it  should  be  a  small  copy  of  the 
entire  voting  population.  "^*^ 

To  overcome  this  defect,  which  may  be  real  or  merely  assumed, 
it  has  been  proposed  and  advocated  by  charter  experts  and 
writers  that  the  city-manager  plan  could  be  made  truly  demo- 
cratic and  perfect  by  the  introduction  of  the  proportional  system 
for  the  election  of  the  commission.  The  proportional  system  of 
representation  as  defined  by  Mr.  C.  G.  Hoag,  Secretary  of  the 
United  States  American  Proportional  Representation  League,  is 
''nothing  but  a  form  of  ballot,  and  a  set  of  rules  for  counting 
ballots,  that  make  it  easy  for  the  voters  to  build  up  at  a  single 
election — without  any  primaries  whatever — approximately  equal 
constituencies  each  of  which  is  unanimous,  under  the  actual 
circumstances  existing,  in  the  desire  to  support  a  certain  candi- 
date."^^'' The  first  important  attempt  to  strengthen  and  perfect 
the  city-manager  plan  by  the  introduction  of  the  proportional 
system  of  election  was  made  in  Ashtabula,  Ohio. 

Under  the  home  rule  provision  of  the  Ohio  Constitution,  Ash- 
tabula chose  a  charter  commission  to  frame  a  new  city  charter 
in  the  early  part  of  1914.  In  view  of  the  examples  afforded  by 
Dayton,  Springfield,  and  Sandusky,  the  charter  commissioners 
naturally  turned  their  attention  to  the  commission-manager  plan. 
But  the  objections  to  the  possible  one-party  representation  under 
this  new  plan  were  soon  raised;  and  at  the  suggestion  of  Mr. 
Hoag  the  proportional  system  for  the  election  of  the  council  was 
seriously  considered  by  the  charter  commission.  Although  Mr. 
Hoag  had  convinced  some  members  of  the  charter  commission, 
especially  Mr.  "W.  E.  Boynton,  of  the  advantages  of  the  propor- 
tional system  under  the  manager  plan,  the  commission  rejected 
the  proposal  for  fear  that  the  introduction  of  this  novel  plan 
might  result  in  the  defeat  of  the  charter  as  a  whole  at  the  polls. 
Such  being  the  case,  the  proposed  charter,  which  was  voted  on 
and  adopted  in  November,  1914,  vested  the  government  in  a 
council  of  seven,  nominated  by  a  five  percent  petition  and  elected 
at  large  on  a  non-partisan  ballot.^^^ 

The  campaign  for  the  adoption  of  the  proportional  represen- 
tation system,  however,  was  not  ended  with  the  adoption  of  the 


184  COMMISSION  AND  MANAGER  PLANS 

new  charter.  The  advocates  were  persistent,  and  before  the 
election  of  the  new  commission,  they  initiated  proportional 
representation  as  an  amendment,  which  was  voted  on  and 
adopted  in  August,  1915. 

The  manner  of  election  covered  by  the  amendment  is  the  so- 
called  Hare  system.  Candidates  for  the  seven  commissioner- 
ships  are  nominated  by  petition  signed  by  two  percent  of  the 
registered  voters.  But  only  one  petition  can  be  signed  by  one 
voter.  The  names  of  the  candidates  are  printed  on  the  ballot 
in  a  single  list  without  party  names  or  emblems.  At  the  election 
the  voter  marks  his  choices  for  as  many  candidates  as  he  prefers, 
indicating  the  order  of  his  preference  by  the  figures  1,  2,  3,  4, 
and  so  on.  Only  one  ballot  can  be  counted  for  one  candidate. 
The  count  of  the  first  choices  is  made  at  the  precincts,  but  the 
count  of  the  other  choices  is  made  by  the  electoral  authorities 
of  the  city,  in  the  presence  of  representatives  of  the  candidates, 
newspaper  men,  and  other  interested  parties.  In  order  to  be 
elected  the  candidate  must  receive  the  number  of  votes  equal  to 
the  "quota"  or  constituency  which  is  the  whole  number  next 
higher  than  the  quotient  secured  by  dividing  the  total  valid  bal- 
lots by  eight,  a  number  greater  by  one  than  the  number  of 
seats  to  be  filled.  Candidates  receiving,  on  the  first  count,  the 
number  of  votes  equal  or  greater  than  the  "quota"  are  de- 
clared elected;  but  all  votes  received  by  such  candidates  in  ex- 
cess of  the  "quota"  are  surplus  of  that  candidate,  which,  when 
taken  at  random  but  equally  from  the  ballots  of  each  precinct, 
must  be  transferred  to  second-choice  candidates,  each  one  in  ac- 
cordance with  the  instruction  given  by  the  voters'  figures  on 
the  ballot.  After  the  transfer  of  all  surplus,  the  votes  standing 
tc  the  credit  of  each  candidate  are  again  counted ;  and  any  can- 
didate, when  his  votes  in  the  process  of  transfer,  reach  the 
"quota",  is  immediately  declared  elected.  The  next  step  is  the 
elimination  of  the  candidate  having  the  lowest  vote,  and  the  dis- 
tribution of  his  votes  to  the  other  candidates  as  in  the  above 
case.  This  same  process  of  the  elimination  of  candidates  and  the 
transfer  of  votes  is  repeated  until  candidates  to  the  number  of 
seats  to  be  filled  have  been  declared  elected.*** 


THE  CITY-MANAGER  PLAN  185 

The  principle  at  the  bottom  of  this  system  of  voting  and  count- 
ing ballots  is  that  the  voters  are  to  be  divided,  in  accordance 
with  their  will  as  set  forth  on  their  ballots,  into  seven  groups, 
each  comprising  one-seventh  of  the  voters — as  nearly  as  possible 
— and  each  unanimous  in  the  desire  to  send  into  the  council  a 
particular  candidate.  In  other  words,  the  system  provides  in 
place  of  the  seven  territorial  constituencies  which  would  elect 
the  councilmen  under  the  ward  system,  seven  unanimous  con- 
stituencies.^^'' 

The  members  of  the  council  thus  elected  shall  hold  office  for 
four  years ;  but  provision  is  also  made  for  partial  renewal  bien- 
nially. The  council  has  all  the  powers  of  the  city  government, 
except  as  otherwise  provided  in  the  charter  or  constitution.  In 
brief,  these  powers  may  be  classified  into  ordinance  power  and 
power  of  appointment.  By  ordinance  or  resolution  the  council 
may  "prescribe  the  manner  in  which  any  power  of  the  city  shall 
be  exercised.  "^^^  The  appointees  of  the  council  include  a  city- 
manager,  a  city-solicitor,  a  city  treasurer,  a  health  officer,  a  city 
auditor,  and  three  civil  service  commissioners. 

Other  provisions  of  the  charter,  including  those  dealing  with 
the  powers  of  the  city-manager,  appropriations,  payments  and 
reports,  improvements  and  contracts,  and  the  control  of  fran- 
chises, follow  closely  the  lines  laid  down  in  the  charters  of  Day- 
ton, Springfield,  and  Sandusky.  A  great  number  of  sections  are 
simply  copied  verbatim  from  these  charters.  The  initiative  and 
referendum  may  be  invoked  on  a  ten  percent  petition  and  the 
recall  on  a  twenty-five  percent  petition. 

The  next  city  in  Ohio  to  adopt  the  city-manager  plan  was 
Westerville^^^  which  elected  to  operate  under  the  city-manager 
plan  on  July  31,  1915,  in  accordance  with  the  optional  city  gov- 
ernment law,  reference  to  which  is  made  elsewhere  in  this  study. 

On  June  6,  1916,  the  voters  of  East  Cleveland  approved  a 
home  rule  city-manager  charter  by  a  vote  of  four  to  one.*^' 
The  charter,  being  modelled  after  that  of  Dayton  and  Spring- 
field, provides  a  commission  of  five  members,  elected  at  large  for 
terms  of  four  years  and  partially  renewed  every  two  years.  A 
municipal  judge  is  also  elected  at  the  same  time.  The  com- 
mission appoints  the  city-manager  and  the  director  of  finance. 


186  COMMISSION  AND  MANAGER  PLANS 

The  city  manager  is  given  full  control  and  supervision  of  the 
administration  and  appointment  of  all  other  officers  and  em- 
ployees not  enumerated  in  the  charter.  Even  the  civil  service 
commission  is  appointed  by  the  city-manager,  but  in  this  case  the 
approval  of  the  city  commission  must  be  first  secured.  The  city 
commission  also  frames  and  adopts  the  rules  and  regulations  for 
the  civil  service. 

In  order  to  prevent  the  encroachment  of  the  commission  on 
the  duties  and  powers  of  the  city-manager,  the  charter  contains 
an  express  provision  prohibiting  the  commissioners,  individually, 
from  interfering  in  any  manner  with  the  administration  of 
affairs  or  with  the  appointment  and  removal  of  officers  and 
employees. 

The  initiative,  referendum,  and  recall  are  provided ;  but  pri- 
maries are  eliminated.  Candidates  are  nominated  on  petition 
and  elected  on  a  non-partisan  ballot. 

The  unique  feature  of  this  charter  is  the  provision  for  woman 
suffrage.  In  the  State  of  Ohio  the  right  to  vote  was,  until  very 
recently,  limited  only  to  ' '  male  white ' '  citizens.  But  the  f ramers 
of  the  charter  were  of  the  opinion  that  the  home  rule  amend- 
ment, granting  authority  to  exercise  all  the  powers  of  local 
self-government,  carried  with  it  the  power,  by  charter  provision, 
to  extend  the  right  to  vote  to  the  female  sex.  This  provision, 
however,  was  submitted  separately,  and  after  approval  by  the 
voters  became  a  part  of  the  charter.  Before  this  provision  went 
into  effect,  however,  Ohio  had  extended  the  right  to  vote  to 
women. 

The  first  commission  was  elected  in  November,  1916,  but  the 
remainder  of  the  charter  did  not  take  effect  until  January  1, 
1918. 

THE   CITY-MANAGER  PLAN  IN  ARIZONA,   COLORADO,   CALIFORNIA,  AND 

OREGON 

The  city-manager  plan,  although  originating  in  the  East, 
seems  to  appeal  very  strongly  to  the  urban  centers  in  the  West 
and  South.  In  the  year  1913  there  were  numerous  cities  in  Ari- 
zona, Colorado,  California,  and  Oregon  which  were  considering 
the  adoption  of  this  new  plan.    In  Arizona  three  cities,  Douglas, 


THE  CITY-MANAGER  PLAN  187 

Phoenix,  and  Bisbee,  became  interested  in  this  form  of  city  gov- 
ernment. Douglas  drew  up,  under  the  home  rule  provision  of 
the  Constitution,  a  city-manager  charter  of  the  orthodox  type; 
but  owing  to  the  vigorous  opposition  of  the  politicians  and  ill- 
informed  citizens,  and  to  certain  incidental  features  of  the 
charter,  the  people  failed  to  adopt  the  charter  at  the  polls.  The 
same  fate  fell  to  a  similar  charter  in  Bisbee  for  reasons  not 
unlike  those  operating  in  Douglas.^''* 

Success,  however,  met  the  city-manager  plan  in  Phoenix,  the 
capital  of  Arizona,  which  is  thus  far  the  only  city  in  the  State 
to  adopt  a  home  rule  charter.  Phoenix  drew  up  in  the  latter 
part  of  1913  a  charter  drafted  on  the  same  lines  as  was  the  de- 
feated charter  of  Douglas,  and  adopted  this  instrument  on 
October  11,  1913,  by  a  three  to  one  majority.^^^  This  charter, 
which  went  into  effect  in  April,  1914,  provides  for  a  commission 
of  five  members  and  a  city-manager.  The  duties  of  the  city- 
manager  are  similar  to  those  provided  in  charters  of  the  same 
kind,  including  the  general  supervision  and  direction  of  the 
administration  of  the  city  government,  supervision  of  the  official 
conduct  of  all  appointive  city  officials,  except  the  auditor  and 
city  magistrate ;  supervision  of  the  performance  of  all  contracts 
for  work  done  for  the  city ;  the  purchasing  of  all  materials  and 
supplies  of  the  city;  the  appointment  and  removal  of  all  em- 
ployees and  officials  of  the  city,  unless  otherwise  provided  in 
the  charter ;  and  the  submission  of  monthly  reports  of  the  condi- 
tion in  the  city  to  the  commission. *^^ 

The  unusual  features  of  the  Phoenix  charter  with  reference  to 
the  city-manager  are  that  his  salary  is  definitely  fixed  in  this  in- 
strument at  $5000  per  year,  and  that  he  is  required  to  be  a 
resident  of  the  city  at  the  time  of  his  appointment.  The  resi- 
dence provision  was  inserted  in  the  charter  in  order  to  meet  the 
requirements  of  the  State  Constitution. 

Another  Arizona  city  having  an  officer  bearing  the  title  of 
"city  manager"  is  Tucson.  At  the  November  election  of  1914 
the  Republican  ticket,  which  was  carried  at  the  polls,  was 
pledged  to  employ  a  city-manager  and  to  follow  the  general  plan 
concerning  the  office  in  so  far  as  the  State  law  permitted.  This 
pledge  was  fulfilled  when  Mr.  C.  K.  Clark,  a  non-resident  of  the 


188  COMMISSION  AND  MANAGER  PLANS 

city  and  the  State,  was  appointed  in  the  spring  of  1915  to  the 
new  position,  which  was  created  by  an  ordinance  of  the  city 
council.  But  in  Tucson,  though  there  is  a  city-manager,  there 
is  no  commission-manager  plan.  The  city-manager  of  Tucson  is 
not  a  charter  officer  and  exists  only  at  the  pleasure  of  the  city 
council.  Furthermore,  the  mayor  and  council  possess  the  legal 
rights  to  make  all  appointments  and  to  exercise  all  the  corporate 
powers  of  the  city.  The  city-manager  possesses  only  such  pow- 
ers as  the  city  council  may  deem  fit  to  grant  to  him.*^' 

Montrose,  Colorado,  adopted  a  home  rule  city-manager  charter 
in  January,  1914.  This  charter  provides  for  a  commission  of 
five  members,  elected  at  large  for  a  two-year  term.  These  mem- 
bers constitute  the  city  council  and  the  legislative  body  of  the 
city,  which  appoints  the  city-manager,  city  attorney ,  police 
magistrate,  board  of  library  commissioners,  and  board  of  ceme- 
tery commissioners.  The  city-manager  is  the  executive  head  of 
the  government.  His  duties  and  powers  as  enumerated  in  the 
charter  are  very  general  and  are  grouped  under  four  headings : 
the  appointment  and  removal  of  all  officers  not  enumerated  in 
the  charter;  attendance  at  all  meetings  of  the  council,  with  the 
right  to  take  part  in  the  discussion  but  not  to  vote ;  the  furnish- 
ing of  information  to  the  council  with  reference  to  the  financial 
condition  and  needs  of  the  city;  and  the  performance  of  other 
necessary  duties  as  prescribed  in  the  charter  or  required  of  him 
by  the  council.  Furthermore,  he  is  the  purchasing  and  sales 
agent  for  all  personal  property  and  supplies  for  the  city,  and  the 
manager  of  all  public  works  and  improvements.  The  city-man- 
ager is  not  required  to  be  a  resident  of  the  city.  He  may  be  re- 
moved by  a  unanimous  vote  of  the  commission  or  by  popular  re- 
call as  any  other  city  official.*^* 

In  California  the  city-manager  plan  first  appealed  to  Whittier, 
a  small  city  of  a  little  more  than  4500  inhabitants.  Like  the 
cities  of  Ohio,  this  little  California  town  enjoys  the  privilege  of 
drawing  up  its  otvti  charter.  In  the  process  of  adopting  a  new 
charter  in  the  early  part  of  1913  the  board  of  freeholders  took 
up  the  "Lockport  Proposal"  as  the  basis  and  produced  a  charter 
similar  to  that  model.  But  opposition  to  this  novel  plan,  both 
from  the  politicians  and  ill-informed  citizens,  was  so  strong  that 
the  charter  was  defeated  at  the  polls.'^*^ 


THE  CITY-MANAGER  PLAN  189 

But  the  result  in  Whittier  did  not  discourage  the  charter 
board  in  Bakersfield,  the  first  city  in  California  which  succeeded 
in  adopting  a  home  rule  city-manager  charter.    On  November  7, 

1914,  the  voters  of  the  city  voted  in  favor  of  the  new  charter 
at  a  special  municipal  election.  Subsequently,  the  legislature  of 
California,  by  a  concurrent  resolution,  ratified  the  proposed 
charter,  which  went  into  operation  in  April,  1915.^'''' 

The  charter  of  Bakersfield  provides  a  council  of  seven  mem- 
bers, one  to  be  chosen  from  each  of  the  seven  wards  of  the  city 
by  the  electors  thereof  for  a  two-year  term.  The  council  appoints 
a  city-manager,  a  treasurer,  an  assessor,  an  attorney,  and  a 
clerk  for  indeterminate  terms;  and  also  an  auditor,  a  police 
judge,  and  public  welfare  commissioners  for  two-year  terms. 
The  city-manager,  who  may  or  may  not  be  a  resident  of  the  city 
at  the  time  of  his  appointment,  is  given  the  general  supervision 
and  direction  of  the  administrative  affairs  of  the  city  government. 
He  receives  a  salary  to  be  fixed  by  the  council,  and  his  special 
duties,  as  enumerated  in  the  charter,  are  exactly  the  same  as 
those  provided  in  the  charters  of  the  Ohio  cities  mentioned  above. 
The  officers  to  be  appointed  by  the  city-manager  are  also  enumer- 
ated in  the  charter,  and  the  list  includes  the  chief  of  police,  the 
chief  of  the  fire  department,  the  city  engineer,  the  superin- 
tendent of  streets,  the  health  officer,  and  the  building  and 
plumbing  inspectors.  Detailed  provisions  are  also  made  with 
ipf^rence  to  finances  and  taxation,  including  a  budget  system 
and  a  system  of  assessment,  the  administrative  departments, 
municipal  ownership  and  operation  of  public  utilities,  public 
improvements,  and  public  education.  The  initiative,  refer- 
endum, and  recall  are  all  available  on  petition  of  twenty-five 
percent  of  the  voters. 

Santa  Barbara  was  the  next  city  in  California  to  draft  a  home 
rule  city-manager  charter,   which  was   adopted  in   September, 

1915,  and  went  into  operation  on  January  1,  1916,  after  being 
ratified  by  the  legislature.  The  charter  provides  for  a  council  of 
five  members  each  elected  for  a  four-year  term.  As  usual,  this 
council  is  a  policy-determining  body,  and  the  execution  of  the 
policies  so  determined  is  entrusted  to  a  city-manager,  who  is 
appointed  by  the  council  and  who  may  or  may  not  be  a  resident 
of  the  city  at  the  time  of  his  appointment.^'^ 


190  COMMISSION  AND  MANAGER  PLANS 

San  Jose  soon  followed,  and  a  city-manager  charter  patterned 
after  the  Dayton  plan  has  been  in  effect  since  July  1,  1916.  For 
the  performance  of  legislative  functions  there  is  a  council  of 
seven  members  elected  through  the  double  process  of  a  non- 
partisan election  and  for  terms  of  six  years.  This  council 
appoints  the  city-manager,  city  clerk,  members  of  a  civil  service 
commission,  and  of  a  city  planning  commission.  The  city- 
manager  is  the  administrative  head  of  the  city,  and  he  in  turn 
appoints  the  city  treasurer,  city  engineer,  city  attorney,  chief  of 
the  police  department,  chief  of  the  fire  department,  board  of 
health,  health  officer,  superintendent  of  parks,  and  board  of 
library  trustees.  All  officers  appointed  by  the  council,  with  the 
single  exception  of  the  city-manager,  may  be  removed  by  an 
affirmative  vote  of  four  members  after  a  public  hearing,  but 
the  city-manager  may  be  removed  without  any  hearing.  The 
city-manager  in  making  his  removals  is  required  to  file  a  state- 
ment of  the  reasons  for  removal  with  the  civil  service  commis- 
sion, and  the  person  whose  removal  is  sought  must  have  an 
opportunity  to  be  heard  in  his  own  defense.*^^ 

The  San  Jose  charter  was  drafted  by  Thomas  H.  Reed, 
professor  of  Political  Science  at  the  University  of  California, 
who  was  subsequently  appointed  to  be  the  first  city-manager  of 
the  city  at  a  salary  of  $6000  per  annum.^''^ 

As  early  as  October  1,  1913,  the  city-manager  plan  was  adopted 
in  La  Grande,  a  small  city  in  Oregon.  The  original  charter  went 
into  effect  in  January,  1914,  but  it  was  later  amended  in 
December,  1915.  As  amended  the  charter  provides  for  a  com- 
mission of  three  members  whose  compensations  are  fixed  at  five 
dollars  per  meeting.  Candidates  for  the  commissionerships  are 
nominated  by  petition  and  elected  at  large  by  the  qualified  elect- 
ors of  the  city,  but  provision  is  made  that  "when,  the  number 
of  candidates  is  more  than  three  times  the  number  of  offices 
to  be  filled,  each  voter  shall  have  the  right  to  vote  for  as  many 
first  choice  candidates  as  there  are  offices  to  be  filled,  and  may 
have  second  or  third  choice  candidates  when  it  becomes  neces- 
sary by  reason  of  the  number  of  candidates,  to  obtain  a  majority 
election."*'* 


•THE  CITY-MANAGER  PLAN  191 

The  commission  appoints  a  city-manager  and  a  municipal 
judge  whose  tenures  of  office  are  subject  to  the  discretion  of  the 
commission ;  and  both  of  them  may  be  removed  at  any  time  with 
or  without  cause.  Other  duties  of  the  commission  are  to  enact 
and  repeal  "such  ordinances  as  shall  be  required  by  the  public 
good,  take  care  that  the  business  character  and  ability  of  the 
General  Manager  is  sufficient  to  enforce  the  municipal  law,  per- 
form his  duties  and  services  for  the  best  interest  and  welfare  of 
the  municipal  government,  and  in  a  careful,  prudent  and  busi- 
nesslike manner.  "^''^ 

The  city-manager,  whose  maximum  salary  is  $3600,  is  vested 
with  "absolute  control  and  supervision  over  all  officers  and  em- 
ployes of  the  city  except  the  commissioners  and  the  municipal 
judge".  With  the  exception  of  the  commissioners  and  the 
municipal  judge  the  city-manager  appoints  all  officers  provided 
for  in  the  charter,  including  a  city  recorder,  treasurer,  city 
attorney,  chief  of  police,  chief  of  the  fire  department,  city  engi- 
neer, superintendent  of  water  system,  city  health  officer,  and 
street  superintendent.  He  is  also  authorized  to  "employ  such 
additional  help  as  may  be  necessary  to  carry  on  and  perform 
the  business  affairs  and  departmental  work  of  the  city.  "^''^  All 
the  officers  and  employees  appointed  and  employed  by  the  city- 
manager  are  subject  to  removal  by  him,  with  or  Mdthout  cause. 
But  the  city-manager  himself,  being  accountable  to  the  commis- 
sion for  his  actions,  conduct,  and  management  of  the  business, 
may  also  be  discharged  at  the  will  of  the  commission  with  or 
without  cause.  The  conception  of  the  city  as  a  business  enter- 
prise is  further  emphasized  by  a  provision  of  the  charter  which 
says  that  the  city-manager  ' '  shall  see  that  the  business  affairs  of 
the  municipal  corporation  are  transacted  in  a  modern,  scientific 
and  business-like  manner  and  the  services  performed  and  the 
records  kept  shall  be  as  nearly  as  may  be  like  those  of  an  efficient 
and  successful  private  corporation  ".^'^ 

THE  CITY-MANAGER  PLAN  IN  MICHIGAN  AND  MINNESOTA 

Another  very  active  field  for  the  city-manager  is  to  be  found 
in  one  of  the  middlewestern  States,  namely,  Michigan.  The 
first  city  in  Michigan  to  avail  itself  of  the  city-manager  plan 


192  COMMISSION  AND  MANAGER  PLANS 

through  the  home  rule  provision  in  the  constitution  was  Cadillac, 
which  adopted  a  new  charter  providing  for  that  form  of  govern- 
ment in  1913.  The  charter,  which  was  adopted  on  December 
9,  1913,  and  has  been  in  operation  since  January,  1914,  provides 
a  commission  of  five  members  including  the  mayor.  Candidates 
for  the  four  eommissionerships  are  nominated  from  voting  pre- 
cincts and  elected  at  large  by  a  preferential  ballot  affording 
three  choices.  They  serve  without  compensation  and  hold  office 
for  four-year  terms;  but  the  term  of  office  of  the  mayor  is  two 
years. 

The  general  manager  appointed  by  the  commission  is  ' '  the  ad- 
ministrative head  of  the  municipal  government  under  the  di- 
rection and  supervision  of  the  Commission.''  He  has  all  the 
duties  and  powers  given  to  similar  officers  in  other  cities;  but 
besides  these  customary  duties  and  powers  he  is  given  "active 
control  of  the  fire,  police,  and  engineering  departments  of  the 
city".  To  make  this  provision  effective  he  is  given  exclusive 
control  of  the  stationing  and  transfer  of  all  patrolmen  and  other 
officers  and  employees  constituting  the  police  force,  and  also  of 
all  firemen  and  other  officers  constituting  the  fire  department. 
Furthermore,  he  is  required  to  manage  and  control  all  the 
charitable,  correctional,  and  refonnatory  institutions  and 
agencies  belonging  to  the  city ;  and  to  manage  and  supervise 
all  public  improvements,  works,  and  undertakings  of  the  city 
for  which  no  other  provision  is  made.^''* 

The  city  of  Manistee  adopted  a  new  charter  establishing  the 
city-manager  plan  on  December  15,  1913.  There  is  a  council  of 
five  members  which  exercises  the  legislative  powers  of  the  city. 
Candidates  for  councilman  are  nominated  by  petition  and 
elected  on  a  preferential  ballot  with  two  choices.  When  elected, 
they  are  to  hold  office  for  a  term  of  five  years.  Elected  at  the 
same  time  with  the  councilmen  are  four  justices  of  peace  and 
one  constable,  each  of  whom  is  elected  at  large  by  the  qualified 
electors  of  the  city.  By  a  majority  vote  the  council  appoints  a 
city  clerk,  city  treasurer,  city-manager,  city  attorney,  three 
assessors,  and  other  officers  and  employees  from  time  to  time 
as  it  may  deem  necessary  to  carry  the  charter  into  effect.  The 
city-manager  is  the  administrative  head  of  the  city  government 


THE  CITY-MANAGER  PLAN  193 

and  has  all  the  powers  and  duties  provided  in  the  orthodox 
type  of  city-manager  charter.  Detailed  provisions  are  also  made 
with  reference  to  the  finances  of  the  city,  the  assessment  and 
collection  of  taxes,  public  and  special  improvements,  city  bonds, 
the  control  of  franchises,  public  education,  and  direct  legisla- 
tion by  the  people/''^ 

Big  Rapids  followed  in  February,  1914,  when  the  commission- 
manager  charter  was  voted  on  and  adopted.  The  government 
of  the  city  is  vested  in  a  commission  of  three  members,  including 
the  mayor.  Candidates  are  nominated  by  petition  and  elected  on 
preferential  ballots  which  afford  three  choices.  When  elected, 
they  hold  office  for  two  years.  The  mayor  is  the  executive  head 
of  the  city,  but  is  deprived  of  the  veto  power.  The  commission 
is  empowered  and  required  to  appoint  a  general  manager  and 
other  administrative  officials.  The  general  manager,  who  holds 
his  office  for  one  year  or  until  his  successor  is  appointed,  is 
given  charge  of  all  public  works,  the  supervision  of  improve- 
ments, and  the  employment  of  subordinate  officials.^^" 

Toward  the  end  of  the  year  1914  an  elective  charter  commis- 
sion in  Jackson  was  busy  in  drafting  a  home  rule  charter  for  the 
city.  After  diligent  study  of  many  other  charters  and  visits 
to  a  number  of  cities  then  operating  under  the  commission- 
manager  plan,  the  charter  commissioners  were  convinced  of  the 
superiority  of  the  new  plan;  accordingly,  they  incorporated 
into  the  proposed  charter  a  number  of  features  of  the  advanced 
type  of  charter,  chief  among  them  being  the  city-manager  plan. 
The  proposed  charter  was  submitted  at  the  general  election  held 
on  November  3,  1914,  and  adopted  by  a  popular  vote.  A  charter 
election  was  held  on  December  8th,  and  the  new  government  has 
been  in  operation  since  January  1,  1915.^^^ 

The  government  of  the  city  is  vested  in  the  usual  commission 
•of  five  members,  including  the  mayor.  The  commissioners  are 
elected  through  the  process  of  non-partisan  double  election  and 
hold  the  offices  for  four  years,  with  partial  renewal  biennially. 
The  mayor  is  elected  for  a  two-year  term  and  is  authorized  to 
exercise  the  powers  conferred  upon  sheriffs  to  suppress  dis- 
orders. 


194  COMMISSION  AND  MANAGER  PLANS 

For  administrative  purposes,  the  city  commission  appoints  a 
city-manager,  city  clerk,  city  treasurer,  city  attorney,  city  physi- 
cian, health  officer,  sanitary  inspector,  one  supervisor  for  each 
ward,  and  one  or  more  building  inspectors.  Other  officers  of  the 
city,  including  the  chief  of  police  and  chief  of  the  fire  depart- 
ment, are  appointed  by  the  city-manager  with  the  approval  of 
the  city  commission. 

The  city-manager  is  given  "charge  of  the  administration  of 
municipal  affairs  under  the  direction  and  supervision,  of  the 
city  commission."  After  enumerating  the  various  powers  and 
duties  of  the  city-manager,  including  the  supervision  of  public 
works,  the  active  control  of  the  fire  and  police  departments  of 
the  city,  and  numerous  other  functions  similar  to  those  found  in 
charters  of  the  same  type  in  other  cities,  the  charter  proceeds  to 
specify  the  qualifications  of  the  chief  administrative  officer  of 
the   city.     This  specification   is   rather  unusual   and   reads   as 

follows : 

The  City  Manager  shall  be  a  man  of  good  business  and  executive  ability, 
and,  if  practicable,  a  civil  or  mechanical  engineer.  He  may  or  may  not  be 
a  resident  or  elector  of  the  City  at  the  time  of  his  appointment,  but  other 
things  being  equal,  preference  shall  be  given  to  a  citizen  of  Jackson.'" 

The  charter  also  contains  provision  for  the  appointment  of 
advisory  committees  and  of  a  purchasing  agent  as  found  in  the 
Dayton  charter;  for  budgetary  practice  and  bonding;  for  the 
assessment  and  collection  of  taxes ;  for  the  control  of  franchises ; 
and  for  direct  legislation  by  the  people. 

Albion  and  Petosky,  two  small  cities  of  five  thousand  inhabi- 
tants each,  .ioined  the  movement  in  the  same  year.  Both  adopted 
city-manager  charters  of  the  orthodox  type  in  the  fall  of  1915, 
and  both  charters  went  into  effect  on  January  1,  191C'/*' 

The  next  important  city  to  adopt  the  city-manager  plan,  in 
Michigan  was  Grand  Rapids.  According  to  the  Federal  census 
of  1910  there  were  112,571  inhabitants  living  in  the  city  of 
Grand  Rapids — only  about  400  less  than  in  Dayton.  Being  the 
second  largest  city  in,  the  country  operating  under  the  city- 
manager  plan  of  city  government,  the  charter  of  Grand  Rapids 
deserves  more  than  a  bare  mention  in  this  study. 

On  May  4,  1916,  the  charter  commission  of  Grand  Rapids 
adopted  a  proposed  revised  charter  which,  according  to  the  Con- 


THE  CITY-MANAGER  PLAN  195 

stitution  of  Michigan,  was  to  be  first  submitted  to  the  Governor 
of  the  State  for  approval.  Such  an  approval  was  secured  on 
May  17th.  On  August  29,  1916,  by  a  vote  of  7693  to  6021  the 
charter  was  adopted.  But  it  did  not  go  into  effect  until  May  1, 
1917.^8* 

The  new  charter  provides  for  a  commission  of  seven  members. 
One  of  the  commissioners  is  to  be  nominated  and  elected  by  the 
city  at  large,  and  two  commissioners  are  to  be  nominated  from 
each  of  the  three  wards  but  elected  at  large.  There  is  a  process 
of  double  non-partisan  election,  and  candidates  for  the  primary 
are  nominated  by  petition  signed  by  fifty  to  one  hundred  quali- 
fied electors  of  the  electoral  district  from  which  the  particular 
candidate  seeks  nomination.  A  mayor  and  a  president  are 
chosen  by  the  commission  from  its  own  members.  They  are  to 
hold  office  for  two  years  and  receive  a  salary  of  $1200  per 
annum.    The  mayor  receives  an  additional  three  hundred  dollars. 

Besides  the  commissioners  there  are  elected  at  the  same  time  a 
comptroller,  four  county  supervisors,  one  constable  in  each  ward, 
and  five  library  commissioners  and  two  justices  of  the  peace  in 
the  city  at  large.  But  these  officers,  with  the  exception  of  the 
comptroller,  are  inconspicuous  officers  who  do  not  form  an  in- 
tegral part  of  the  city  government. 

Subject  to  the  Constitution  and  general  laws  of  the  State  and 
the  charter,  the  commission  is  authorized  to  pass  all  laws  and 
ordinances  relating  to  municipal  concerns,  and  to  appoint  a 
city-manager,  a  city  attorney,  a  city  clerk,  a  city  treasurer,  and 
three  assessors  to  be  chosen  one  from  each  ward.  Other  func- 
tions of  the  commission  are  to  act  as  a  civil  service  board ;  to  pass 
upon  all  appeals  from  the  assessments  on  the  tax  rolls  as  a  board 
of  review ;  and  together  with  the  city  treasurer,  comptroller, 
three  assessors,  and  twelve  supervisors  (four  to  be  elected  from 
each  ward),  to  represent  the  city  on  the  county  board  of 
supervisors. 

One  of  the  unique  features  of  the  Grand  Rapids  charter  is 
that  providing  for  municipal  cooperation  which  reads  as  follows : 

The  City  Commission  and  City  Manager  shall  seek  to  bring  about  co-oper- 
ation among  and  between  the  cities  of  Michigan  in  whatever  way  maj  seem 
best  for  the  purposes: 


196  COMMISSION  AND  MANAGER  PLANS 

(a)  Of  securing  a  uniform  system  of  accounting  among  said  cities  so 
that  intelligent  comparison  may  be  made,  and  so  that  each  city  may  profit 
by  the  experience  of  all. 

(b)  Of  enabling  said  cities  to  work  out  plans  for  co-operative  buying 
at  wholesale  rates. 

(c)  Of  promoting  the  prosperity,  welfare  and  happiness  of  the  citizens 
and  taxpayers."^' 

This  provision  indicates  that  cities  in  this  country  are  begin- 
ning to  realize  the  importance  of  cooperation  with  other  cities 
for  the  solution  of  difficult  problems.  Concerted  action  is  every- 
where an  important  factor  in  any  phase  of  activity — a  rule  from 
which  municipal  affairs  are  not  excepted.  But  it  is  only  in  the 
Grand  Rapids  charter  than  any  indication  of  this  movement  on 
the  part  of  cities  is  to  be  discovered. 

The  city-manager  has  charge  of  the  administration  of  munici- 
pal affairs  under  the  direction  and  supervision  of  the  city  com- 
mission. He  is  responsible  for  the  enforcement  of  all  laws  and 
ordinances,  and  is  vested,  among  other  powers,  with  the  appoint- 
ment and  removal  of  the  administrative  and  other  subordinate 
officers  and  employees.  The  following  officers  are  specifically 
mentioned  in  the  charter :  director  of  public  service,  who  shall 
have  charge  of  the  department  of  public  service;  director  of 
public  safety,  who  shall  have  charge  of  the  department  of  public 
safety ;  director  of  public  welfare,  who  shall  have  charge  of  the 
department  of  public  welfare ;  and  purchasing  agent,  who  shall 
have  charge  of  the  purchasing  department.^^^ 

Besides  these  administrative  departments  which  are  under 
direct  control  of  the  city-manager,  the  following  departments 
are  also  established  by  the  charter:  an  auditing  department,  of 
which  the  city  comptroller  is  the  head ;  a  taxation  department,  of 
which  the  city  assessors  are  the  heads ;  a  finance  department,  of 
which  the  city  treasurer  is  the  head;  and  a  department  of  law, 
of  which  the  city  attorney  is  the  head. 

Before  the  raising  of  any  money  by  the  city  or  the  levy  and 
collection  of  any  tax  each  year,  the  city-manager  must  submit  to 
the  city  commission  an  estimate  of  the  expenditures  of  the  city 
for  the  fiscal  year.  On  the  basis  of  this  estimate  the  city  com- 
mission provides  by  ordinance  for  a  budget  and  a  tax  sufficient, 
with  other  resources,   to  pay  the  estimated   expenditures,   the 


THE  CITY-MANAGER  PLAN  197 

maintenance  of  all  sinking  funds,  and  the  interest  on  all  munici- 
pal debts.  In  the  budget  there  must  be  specified  the  several 
items  for  which  appropriations  are  to  be  made,  including  the 
sinking  fund,  departmental  appropriations,  and  the  contingent 
fund.  As  a  measure  to  provide  and  insure  full  publicity  and 
popular  scrutiny  of  the  budget,  the  charter  requires  the  city 
commission  to  mail  to  "every  registered  voter  annually,  and  at 
least  twenty  days  before  the  budget  ordinance  is  brought  up  for 
final  adoption,  a  summary  of  the  proposed  budget. '  '^®'' 

Another  significant  departure  of  the  Grand  Rapids  charter 
from  the  charters  of  the  conventional  type  is  to  be  found  in  the 
provision  for  the  appointment  by  the  city  commission  of  a  board 
of  art  and  museum  commissioners  for  the  control  and  manage- 
ment of  the  museum  and  all  property  of  the  city  intended  for 
the  promotion  of  the  arts  or  the  building  up  of  an  art  collection ; 
and  for  the  establishment  of  a  house  of  correction  and  work 
farm. 

Turning  to  Minnesota,  it  appears  that  at  the  legislative  session 
of  1913  Representative  Kerry  Conley  of  Rochester  introduced  a 
bill  to  permit  cities  to  adopt  the  city-manager  plan,  which  was 
little  more  than  a  reproduction  of  the  original  "Loekport  Pro- 
posal". But  the  bill,  although  it  passed  the  lower  house,  failed 
to  be  reported  out  of  the  Senate.**^ 

At  the  same  time,  several  cities  of  the  State  undertook  to  adopt 
the  city-manager  plan.  Attempts  were  made  in  the  fall  of  1913 
both  in  Little  Falls  and  in  Brainard.  But  in  both  cases  the 
voters  failed  to  adopt  the  new  plan. 

But  these  failures  did  not  discourage  the  citizens  of  Morris, 
a  little  town  of  about  two  thousand  inhabitants,  from  attempting 
the  same  thing.  The  Morris  charter,  which  was  adopted  in  the 
fall  of  1913,  prescribes  that  the  legislative  and  administrative 
powers  of  the  city  shall  be  vested  in  a  commission  of  three 
members,  subject  to  popular  control  through  the  process  of  direct 
legislation  and  the  recall.  The  commissioners  serve  without 
compensation  for  a  four-year  term.  The  actual  administrative 
work  of  the  city  government  is  vested  in  a  city-manager,  whom 
the  commission  is  authorized  to  appoint  and  to  invest  with  such 
administrative  duties  and  powers  as  are  necessary.     Candidates 


198  COMMISSION  AND  MANAGER  PLANS 

for  the  commission ership  are  nominated  by  petition  and  elected 
on  a  preferential  ballot  with  first  and  second  choices.  The  city- 
manager  is  given  general  control  of  administrative  affairs.  He 
holds  his  office  for  one  year  and  receives  a  salary  of  $1600  and 
also  an  allowance  for  horse  and  conveyance.^^^ 

THE  CITY-MANAGER  PLAN  IN  TEXAS  AND  THE  SOUTH 

Texas,  the  home  of  the  commission  form  of  city  government, 
is  also  a  very  active  field  of  operation  for  the  city-manager.  The 
movement  in  Texas  began  with  Amarillo,  which  was  also  the 
first  city  to  abandon  the  regular  commission  form  for  the  new 
type.  The  commissioner-manager  plan  was  adopted  in  1913,  and 
the  charter  establishing  that  form  of  government  went  into  effect 
in  January,  1914.  By  this  new  home  rule  charter  the  administra- 
tion of  the  city's  affairs  is  vested  in  a  commission  of  three  mem- 
bers, including  the  mayor,  all  of  whom  are  elected  at  large.  This 
commission  is  required  to  meet  as  often  as  once  a  week  in  regular 
sessions,  and  as  often  as  necessary  in  called  sessions.  Among 
the  duties  of  the  commission  the  most  important  is  the  appoint- 
ment of  a  city-manager,  who  shall  be  the  actual  head  of  the 
municipal  administration  and  shall  hold  the  office  at  the  pleas- 
ure of  the  commission.  The  city-manager  is  paid  a  salary  of 
$2400  per  annum.^^" 

Taylor  and  Denton  in  the  same  State  were  added  to  the  list  of 
cities  having  the  city-manager  a  few  months  later.  Both  cities 
adopted  the  plan  in  April,  1914. 

The  Denton  charter  provides  for  a  commission  of  five  members 
elected  at  large  and  serving  without  remuneration.  The  city- 
manager,  or  mayor,  which  title  is  used  in  Denton,  is  appointed 
by  the  commission  and  serves  during  the  pleasure  of  the  com- 
mission for  a  term  of  not  exceeding  two  years;  but  he  may  be 
removed  at  any  time,  with  or  without  notice.  The  city-manager, 
in  turn,  appoints  the  heads  of  all  departments  of  the  city  sub- 
ject to  the  approval  of  the  commission.^^^ 

In  Taylor  the  government  is  vested  in  a  commission  of  five 
members  elected  for  two-year  terms.  Nomination  by  petition 
and  election  by  preferential  ballot  are  features  of  the  election 
provisions  of  the  charter.     After  the  election  the  commission 


THE  CITY-MANAGER  PLAN  199 

appoints  a  number  of  enumerated  administrative  officers,  among 
whom  is  the  citj^-manager.^''^ 

With  the  commission-manager  plan  there  is  no  advantage  in 
making  the  commission  very  small.  When  the  commission  con- 
sists of  three  or  five  members  in  a  fairly  large  city  there  is  a 
certain  inadequacy  on  the  representative  side  of  the  government. 
Charter  experts  and  city-managers — like  Upson,  Waite,  Hoag, 
and  others — are  impressed  with  the  problem  and  suggest  pro- 
portional representation  to  insure  a  proper  diversity  in  the  com- 
mission. On  March  6,  1915,  Sherman,  Texas,  adopted  a  home 
rule  city-manager  charter  w^hich  deviates  from  the  preceding 
charters  of  the  same  type  by  providing  a  commission  of  sixteen 
members  and  a  city-manager.  Indeed,  Sherman  is  the  first  city 
which  varied  the  orthodox  type  of  the  plan  in  a  way  that  is 
worthy  of  copying  when  large  commissions  begin  to  come  into 
vogue.  In  order  not  to  violate  the  short  ballot  principle,  the 
Sherman  charter  provides  that  these  sixteen  commissioners  shall 
hold  their  offices  wdth  rotating  tenures ;  and  in  order  to  provide 
a  more  expedient  way  of  handling  the  business,  there  is  an  ex- 
ecutive committee  of  three  wdthin  the  commission,  chosen  by  it 
and  holding  office  at  its  pleasure,  to  handle  details  and  to  work 
in  special  intimacy  with  the  manager.^^^  Yoakum,  Tyler,  San 
Angelo,  and  Brownsville  are  other  cities  in  Texas  that  were 
added  to  the  list  of  commission-manager  governed  cities  in 
1915.^^*    All  these  charters  are  of  the  usual  orthodox  type. 

Oklahoma. — Oklahoma  fell  into  line  in  the  fall  of  1914  w^hen 
Collinsville  adopted,  on  November  24th,  a  new  charter  which 
provides  for  a  governing  body  consisting  of  three  commissioners, 
and  creates  the  office  of  "Business  Manager".  The  incumbent 
of  the  last  named  position  holds  the  office  at  the  pleasure  of  the 
commission.  The  "Business  Manager"  is  "vested  with  the  ex- 
ecutive and  judicial  power  and  authority  of  the  city,  subject  to 
supervision  and  control  by  the  Board  of  Commissioners." 
He  is  required  to  make  nominations  for  appointment  to  all  offices, 
which  are  to  be  confirmed  by  the  board,  and  to  make  a  monthly 
financial  statement.*^^ 


200  COMMISSION  AND  MANAGER  PLANS 

Florida. — Another  accession  to  the  commission-manager  roll 
is  the  State  of  Florida,  where  two  cities  succeeded  in  securing 
this  new  type  of  charter  in  1914  and  1915.  These  two  cities  are 
Lakeland  and  St.  Augustine.  In  the  spring  of  1914  Lakeland 
created,  by  ordinance,  the  city  managership  under  the  general 
power  over  administration  organization  conferred  upon  that 
town  by  its  charter.^^^ 

St.  Augustine  adopted  the  plan  on  June  7,  1915,  by  a  vote  of 
415  to  397.^^''  The  charter  provides  the  usual  commission  of 
three  members,  including  the  mayor.  They  are  elected  at  large 
and  serve  for  three  years,  with  partial  renewal  annually.  They 
receive  no  compensation.  The  city-manager,  appointed  by  the 
commission,  has  the  usual  powers  and  duties  conferred  upon 
such  an  officer.  In  addition  he  is  also  required  to  act  as  purchas- 
ing agent  for  the  city.  The  St.  Augustine  charter,  however,  con- 
tains the  following  unique  statement  of  the  official  relations 
between  the  city  commission  and  the  city-manager,  the  like  of 
which  is  to  be  found  in  few  other  charters. 

Neither  the  Commission  nor  any  of  its  members  shall  dictate  the  ap- 
pointment of  any  person  to  office  or  employment  by  the  city  manager  or 
in  any  manner  prevent  the  City  Manager  from  exercising  his  own  judgment 
in  selecting:  the  personnel  of  his  administration.  The  Commission  and  its 
members  shall  deal  with  the  administrative  service  solely  through  the  City 
Manager  and  neither  the  Commission  nor  any  member  thereof  shall  give 
orders  to,  nor  make  requests  of,  any  of  the  subordinates  of  the  City  Man- 
ager, either  publicly  or  privately.  Any  such  dictation,  orders,  requests,  or 
other  interference  upon  the  part  of  a  member  of  the  City  Commission  with 
the  administration  of  the  city  shall  constitute  a  misdemeanor  and  upon 
conviction  thereof  before  a  court  of  competent  jurisdiction,  any  member  of 
the  City  Commission  so  convicted  shall  be  fined  not  exceeding  two  hundred 
dollars  or  be  imprisoned  not  exceeding  six  months,  or  both,  at  the  discre- 
tion of  the  court,  and  shall  be  removed  from  office."* 

South  Carolina  and  North  Carolina. — Another  significant  ad- 
dition to  the  list  of  commission-manager  governed  cities  was 
"Little  Old  Beaufort"  in  South  Carolina.  In  February,  1915, 
Beaufort  adopted  a  city-manager  charter  of  the  conventional 
type  by  a  small  margin  of  votes.^^^  The  unique  feature  of  the 
Beaufort  charter  is  the  provision  that  the  city-manager  is  also 
to  be  the  secretary  of  the  chamber  of  commerce  under  the  new 
regime.      Like  other  small  towns  of  the  country,  Beaufort  had 


THE  CITY-MANAGER  PLAN  201 

been  operating  under  an  unpaid  town  government  and  a  chamber 
of  commerce.  But  the  activities  of  both  the  government  and  the 
chamber  of  commerce  were  hampered  because  of  the  lack  of 
funds.  As  a  way  out  of  this  fiscal  difficulty  it  was  finally  de- 
cided to  unify  the  functions  of  the  two  organizations  in  charge 
of  one  person,  hoping  that  an  abler  man  could  be  secured  by  the 
combined  resources  of  the  city  and  the  chamber  of  commerce 
than  either  could  afford  alone. ^"^ 

By  a  special  act  of  the  legislature  approved  on  March  8, 
1915,^"^  the  city  of  Elizabeth,  North  Carolina,  also  secured  a 
city-manager  charter  of  the  orthodox  type.  As  the  governing 
body  of  the  city,  it  provides  for  a  board  of  eight  aldermen,  two 
from  each  of  the  four  wards  into  which  the  city  is  divided. 
Their  term  of  office  is  two  years.  The  mayor  presides  at  the 
meetings  of  the  Board  and  is  the  official  head  of  the  city  for 
civil  process.  Contrary  to  the  usual  practice  in  cities  having 
the  same  type  of  charter,  the  mayor  in  Elizabeth  City  has  the 
veto  power  upon  ordinances,  contracts,  and  franchises. 

The  board  of  aldermen  appoints  the  city-manager,  health 
officer,  and  city  attorney.  Other  officers  of  the  city,  including 
the  city  auditor,  city  tax  collector,  street  commissioner,  chief 
of  fire  department,  harbor  master,  chief  of  police,  and  building 
inspector,  are  appointed  by  the  board  upon  the  recommendation 
of  the  city-manager.  The  city-manager,  being  the  chief  adminis- 
trative officer  of  the  city,  has  the  usual  powers  and  duties  of 
similar  officers  in  other  cities.  He  is  also  the  purchasing  agent 
of  the  city  and  is  generally  responsible  for  the  conduct  of  all  the 
departments  under  his  control.  His  salary  is  to  be  determined 
by  the  board,  but  the  maximum  limit  is  fixed  by  the  charter  at 
$2400  per  year. 

West  Virginia. — On  May  27,  1915,  the  city-manager  plan 
made  its  entry  into  the  State  of  West  Virginia,  when  Wheeling 
adopted  by  a  substantial  majority  a  special  charter  providing 
that  form  of  government.^''^  The  charter,  which  did  not  go  into 
effect  until  January,  1917,  provides  a  city  council  of  nine  mem- 
bers to  be  nominated  one  from  each  ward  and  nine  at  large,  and 
elected  at  large  through  the  process  of  a  double  non-partisan 
election.     The  mayor,  chosen  by  the  city  council  from  among 


202  COMMISSION  AND  MANAGER  PLANS 

its  own  members,  is  the  official  head  of  the  city  for  the  purpose 
of  serving  civil  process  and  for  all  ceremonial  purposes.  The 
council  appoints  a  city-manager,  city  clerk,  city  solicitor,  judge 
of  the  police  court,  chief  of  police,  and  commissioners  of  loans 
and  bond  issues.  All  other  officials  are  appointed  by  the  city- 
manager. 

The  city-manager,  who  is  defined  in  the  charter  as  "the  ad- 
ministrative head  of  the  municipal  government",  and  is  "re- 
sponsible for  the  efficient  administration  of  all  departments", 
has  the  usual  powers  and  duties  of  similar  officers  in  other  cities. 
But  his  authority  over  the  subordinate  officers  and  departments 
of  the  city  is  more  clearly  defined  in  this  charter  than  elsewhere. 
The  charter  provision  reads  as  follows : 

The  city  manager  shall  have  authority  to  provide  for  the  appointment  of 
such  officers,  the  appointment  of  whom  are  not  vested  in  the  Council,  as 
shall  be  necessary  or  proper  to  carry  into  full  effect  any  authority,  power, 
capacity  or  jurisdiction  which  is  or  shall  be  vested  in  the  city  of  Wheeling, 
or  in  the  council  thereof,  or  in  such  city  manager;  to  grant,  in  writing, 
to  the  officers  so  appointed  the  powers  necessary  or  proper  for  the  purposes 
above  mentioned;  to  define  their  duties  in  writing;  to  allow  them  reason- 
able compensation  (said  compensation  to  be  approved  by  council),  and  to 
require  and  take  of  all  or  any  of  them  such  bonds,  obligations  or  other 
writings  as  he  shall  deem  necessary  or  proper  to  insure  the  proper  per- 
formance of  their  several  duties.*"' 

THE  ORIGIN  OP  THE  CITY-MANAGER  PLAN  IN  IOWA 

In  Iowa  there  were  cities  which  had  the  office  of  city-manager 
before  there  were  any  provisions  on  the  statute  books  sanction- 
ing the  creation  of  such  an  office.  Clarinda  was  the  first  city  in 
this  State  to  create,  by  ordinance,  the  office  of  ' '  Business  Mana- 
ger", and  was  said  to  be  the  third  city  in  the  country  to  have 
such  an  officer.  In  April,  1913,  the  mayor  and  council  were 
elected  with  the  understanding  that  they  would  appoint  a  city- 
manager  to  take  up  the  administrative  work  of  the  city  govern- 
ment ;  and  this  understanding  was  carried  out  immediately  after 
the  election.''^*  The  incumbent  is  appointed  by  the  mayor  and 
holds  office  for  a  one-year  term.  But  he  may  be  reappointed 
indefinitely.  The  city-manager  is  also  required  to  perform  the 
duties  of  street  commissioner.^"^ 


THE  CITY-MANAGER  PLAN  203 

The  example  of  Clarinda  was  followed  by  Iowa  Falls  in  April, 
1914,  when  a  similar  office  was  created  by  an  ordinance  of  the 
city  council.  In  Iowa  Falls  the  city-manager  is  required  to  per- 
form all  the  duties  that  were  formerly  performed  by  the  city 
clerk  and  the  street  and  road  commissioner ;  and  he  is  also  vested 
with  the  power  of  supervision  over  all  the  municipal  depart- 
ments except  the  police  department.^"'' 

But  the  office  of  city-manager  in  Clarinda  and  Iowa  Falls 
before  1915  was  an  extra  legal  institution  which  existed  without 
legislative  authority.  The  situation,  however,  was  changed  in 
1915  when  the  Twenty-sixth  General  Assembly  passed  an  act  to 
authorize  "all  cities  and  towns,  except  cities  under  the  commis- 
sion form  of  government  and  cities  having  a  population  of  more 
than  twenty-five  thousand"  to  "provide  by  ordinance  for  the  cre- 
ation of  the  office  of  city  manager  and  to  fix  likewise  the  duties 
and  powers  and  compensation  of  such  officer."^"'' 

As  provided  in  this  act,  the  city-manager  is  to  be  appointed  by 
"a  majority  vote  of  the  city  or  town  council  at  a  regular  meeting 
of  such  body",  and  to  hold  office  at  the  pleasure  of  the  council. 
By  a  majority  vote  of  the  council  he  can  be  removed  at  any  time. 

After  the  selection  and  appointment  of  the  city-manager,  the 
city  or  town  may  by  ordinance  require  him  to  "perform  any  or 
all  of  the  duties  incumbent  upon  the  street  commissioner,  or 
manager  of  public  utilities,  cemetery  sexton,  city  clerk  and 
superintendent  of  markets",  and  to  "superintend  and  inspect 
all  improvements  and  work  upon  the  streets,  alleys,  sewers,  and 
public  grounds  of  the  city  or  town",  and  to  "perform  such  other 
and  further  duties  as  may  be  imposed  upon  him,  and  to  possess 
such  other  and  further  power  as  may,  from  time  to  time,  be  by 
ordinance  conferred  upon  him. ' ' 

The  act  further  provides  that  ' '  whenever  by  ordinance  or  reso- 
lution of  the  council  the  powers  and  duties  heretofore  vested  in 
any  other  appointive  municipal  officer  are  to  be  wholly  per- 
formed by  said  city  manager,  then  no  appointment  of  such  ap- 
pointive officer  shall  be  made,  and  any  appointment  of  such 
officer,  made  prior  to  the  adoption  of  such  ordinance  or  resolu- 
tion shall  be  hereby  cancelled."  It  is  hoped  that  through  such 
a  provision  in  the  act  the  administration  of  the  city  or  town 


204  COMMISSION  AND  MANAGER  PLANS 

where  the  city-manager  is  appointed,  may  be  gradually  cen- 
tralized and  responsibility  fixed. 

Aside  from  the  act  which  was  passed  to  legalize  an  existing 
institution,  the  legislature  of  Iowa  passed,  at  the  same  session, 
another  act  incorporating  the  city-manager  plan  of  government 
into  the  legal  system  of  the  Commonwealth.  The  plan  was 
originally  introduced  in  the  House  by  Representative  McFarlane 
in  '*a  bill  for  an  act  providing  for  the  government  of  cities  and 
incorporated  towns  by  a  council  and  manager;  for  the  adoption 
of  such  plan  of  government  by  special  election,  and  for  penalties 
for  violation  of  the  provisions  hereof.  "^''^  The  bill  was  passed 
by  the  House  by  a  vote  of  ninety-eight  to  eight ;  and  the  Senate 
later  passed  it  by  a  unanimous  vote.  It  became  a  law  in  May, 
1915,  when  it  was  approved  by  the  Governor.*"^ 

Like  the  commission  government  law,  the  city-manager  law 
of  Iowa  is  a  permissive,  optional,  general  law,  applicable  to 
any  city  having  a  population  of  over  two  thousand.^^"  In  order 
to  organize  under  the  provisions  of  this  act,  the  first  step  in  the 
procedure  of  adopting  the  plan  is  the  drawing  of  a  petition  by 
a  certain  number  of  electors  asking  for  the  submission  of  the 
question  to  a  vote  of  the  people.  The  number  of  electors  signing 
such  a  petition  must  be  equal  to  twenty-five  percent  of  the  votes 
cast  for  all  candidates  for  mayor  at  the  last  preceding  election. 
The  petition  is  then  to  be  filed  with  the  city  clerk,  and  within 
two  months  a  special  election  is  to  be  held  in  accordance  with  a 
proclamation  of  the  mayor.  A  majority  of  the  votes  cast  at  such 
election  is  all  that  is  necessary  to  bring  about  the  adoption  of  the 
plan.  If  the  plan  is  rejected  at  the  polls  the  question  may  not 
again  be  submitted  within  two  years. 

After  the  plan  has  been  adopted,  the  next  important  step  is 
the  organization  of  the  city  government.  In  cities  having  twenty- 
five  thousand  inhabitants  or  over  there  are  to  be  elected  five 
councilmen  to  exercise  all  the  executive,  legislative,  and  judicial 
powers  of  the  municipal  corporation;  and  in  cities  having  less 
than  twenty-five  thousand  inhabitants,  there  is  provision  for  a 
council  of  three  members.  The  law,  however,  further  specifies 
that  "in  any  city  having  a  population  of  twenty-five  thousand 
or  more,  and  less  than  seventy-five  thousand,  of  which  the  terri- 


THE  CITY-MANAGER  PLAN  205 

tory  embraced  with  the  boundaries  of  such  city  lies  in  two  town- 
ships, which  are  divided  by  a  watercourse,  four  councilmen  shall 
be  elected,  two  of  whom  shall  be  residents  of,  and  elected  from 
that  part  of  the  city  lying  within  each  of  such  townships." 
There  is  probably  no  better  illustration  than  this  provision  to 
indicate  the  means  by  which  a  State  legislature  is  able  to  evade 
the  constitutional  prohibition  against  local  or  special  legislation. 
The  city-manager  law  of  Iowa  was  primarily  enacted  for  the 
city  of  Waterloo,  and  incidentally  for  other  cities ;  and  in  order 
to  make  the  organization  of  the  city  government  under  the  new 
plan  meet  the  special  local  conditions  in  that  city,  such  an  absurd 
provision  as  the  above  was  inserted  into  the  law. 

The  councilmen  may  be  elected  at  the  next  regular  city  or 
to\ATi  election,  or  at  a  special  election  called  by  proclamation  of 
the  mayor,  if  there  is  no  regular  election  within  the  following 
year.  The  councilmen  elected  begin  their  tenure  of  office  on 
the  tirst  Monday  after  the  election,  and  are  to  serve  "until  the 
next  regular  biennial  municipal  election,  and  until  their  succes- 
sors are  elected  and  qualified."  But  provision  is  made  to  term- 
inate the  terms  of  different  councilmen  in  such  a  way  that  not  all 
of  them  will  go  out  of  office  in  the  same  year. 

Candidates  for  councilmen  to  be  voted  on  at  the  election  are 
nominated  by  petition  signed  by  at  least  ten  electors  for  every 
one  thousand  inhabitants  of  the  city  or  town.  The  petition  must 
be  filed  with  the  city  clerk  ten  days  before  the  election  day ;  and 
only  the  names  of  the  persons  so  nominated  are  to  be  put  on  the 
official  ballot.  At  the  election  the  judges  and  clerks  are  to  be 
appointed  by  the  city  authority  just  as  in  any  regular  election. 
"The  election  shall  be  conducted,  the  vote  canvassed,  and  the 
certified  return  thereof  made  by  the  judges  of  such  election  as 
provided  by  law." 

The  council  when  elected  and  organized,  selects  one  of  its 
members  as  "chairman  and  presiding  officer  who  shall  be  desig- 
nated as  mayor  of  the  city  or  town  in  which  he  is  elected"; 
and  "shall  be  recognized  as  the  official  head  of  the  city  or  town, 
by  the  courts  and  officers  of  the  State,  upon  whom  service  of 
civil  process  may  be  made."  He  is  also  authorized  to  "take 
command  of  the  police,  and  govern  the  city  by  proclamation  at 


206  COMMISSION  AND  MANAGER  PLANS 

times  of  public  danger,  or  during  an  emergency",  concerning  the 
existence  of  which  he  himself  is  to  be  the  judge. 

The  couneilmen  serve  and  perform  all  the  required  duties 
without  compensation,  and  are  to  meet  in  regular  session  at  least 
once  every  month  and  in  special  sessions  from  time  to  time  when 
called  by  two  couneilmen.  All  the  meetings  of  the  council, 
whether  regular  or  special,  are  open  to  the  public.  In  cities 
having  five  or  four  couneilmen,  three  members  constitute  a 
quorum;  and  in  cities  having  three  couneilmen,  two  members 
constitute  a  quorum.  A  majority  vote  is  necessary  to  pass  every 
resolution  and  ordinance,  which  must  be  recorded  before  going 
into  force.  Every  motion,  resolution,  and  ordinance  must  be 
reduced  to  writing  before  being  voted  upon,  and  upon  every  vote 
in  the  council  the  yeas  and  nays  must  be  called  and  recorded. 

It  has  already  been  pointed  out  that  the  council  or  commission 
under  the  citj^-manager  plan  is  primarily  a  legislative  body.  In 
this  capacity  the  couneilmen  "can  promulgate  in  tangible  form 
the  policies  they  may,  in  the  light  of  their  experience,  determine 
upon."^"  But  aside  from  this  chief  function  the  council  under 
this  plan  is  unavoidably  accorded  a  limited  appointive  power. 
This  power  is  vested  in  the  council  because  it  is  thought  that  the 
members  of  this  body  are  better  qualified  than  the  electorate  to 
select  the  chief  administrative  head ;  but  it  is  limited  so  as  to  let 
the  chief  executive  select  those  for  whose  work  and  efficiency 
he  is  responsible.  Accordingly,  the  Iowa  law  imposes  upon  the 
city  council  the  duty  of  selecting  the  city-manager.  It  is  also 
mandatory  on  the  council  to  appoint  a  city  clerk,  a  police  judge 
or  magistrate,  a  solicitor,  an  assessor,  the  members  of  the  library 
board,  and  three  persons  constituting  a  local  board  of  review; 
but  the  appointment  of  a  corporation  counsel  and  assistant 
solicitors  is  left  optional  with  the  council.  The  compensation 
and  tenure  of  office  of  the  officers  so  appointed  are  determined 
by  the  council.  All  the  other  city  officers  and  employees  are  to 
be  appointed  by  the  city-manager. 

The  city-manager  is  defined  in  the  law  as  "the  administrative 
head  of  the  municipal  government  of  city  or  town  in  which  he  is 
appointed. ' '  But  it  by  no  means  follows  that  the  Iowa  law  makes 
it  possible  for  the  exercise  of  a  great  amount  of  power  by  a  single 


THE  CITY-MANAGER  PLAN  207 

man.  On  the  contrary  the  city-manager  is  under  the  constant 
direction  and  supervision  of  the  council,  and  holds  his  office  at  the 
pleasure  of  the  council. 

Before  entering  upon  the  duties  of  his  office,  the  city  manager 
is  required  to  take  an  official  oath  to  support  the  Constitution 
of  the  United  States  and  of  the  State  of  Iowa,  and  to  perform 
to  the  best  of  his  ability,  faithfully,  and  honestly,  the  duties  of 
his  office.  A  bond  in  favor  of  the  city  is  also  required  so  as  to 
insure  the  faithful  performance  of  his  duties. 

In  making  the  appointment  of  the  city-manager,  the  council 
"shall  consider  only  the  qualifications  and  fitness  of  the  person 
appointed",  neither  his  political  affiliation  nor  his  residence 
being  taken  into  account.  To  guard  against  any  corrupt  alliance 
between  the  city-manager  and  councilmen,  provisions  are  made 
forbidding  the  appointment  by  the  manager  of  any  councilman 
to  any  office,  and  his  taking  part  in  any  election  for  the  purpose 
of  electing  the  councilmen.  Violation  of  these  provisions  is  a 
misdemeanor,  and  is  punishable  according  to  law. 

The  city-manager  under  the  Iowa  law  exercises  all  the  usual 
powers  of  similar  officers  in  other  cities ;  but  in  addition,  he  is 
specifically  charged  with  certain  duties  which  in  other  cities  are 
usually  the  functions  of  other  administrative  officers.  In  the 
first  place,  he  is  the  purchasing  agent  of  the  city,  as  the  law  re- 
quires him  to  ' '  make  all  purchases  of  material  and  supplies,  and 
see  that  such  material  and  supplies  are  received,  and  are  of  the 
quality  and  character  called  for  by  the  contract. ' '  Again,  he  is 
charged  with  the  management  of  numerous  public  works  in- 
cluding streets,  sewers,  markets,  seM^age  disposal,  municipal 
lighting  works,  transportation,  and  recreation  facilities.  He  is 
also  given  "the  active  control  of  the  police,  fire  and  engineering 
departments  of  the  city  or  town ' ' ;  and  finally,  he  is  authorized 
to  issue  licenses  at  his  discretion,  and  to  revoke  the  same  at  his 
pleasure. 

In  conformance  with  the  recent  tendency  to  emphasize  the 
importance  of  improving  the  financial  condition  of  the  city,  the 
Iowa  law  contains  a  reference  to  the  manner  of  making  the  bud- 
get. It  requires  the  manager  to  "prepare  and  submit  to  the 
council,  an  annual  budget  on  the  basis  of  estimates  of  the  ex- 


208  COMMISSION  AND  MANAGER  PLANS 

penses  of  the  various  departments  of  the  city  or  town. ' '  In  these 
estimates  the  expenses  of  each  department  for  the  preceding 
year  must  be  shown;  and  indication  must  also  be  made  as  to 
"wherein  an  increase  or  diminution  is  recommended  for  the 
ensuing  year. ' '  These  estimates  are  required  to  be  made  public 
through  the  columns  of  the  official  newspapers  of  the  city  for 
the  information  of  citizens  tM-o  weeks  before  they  are  submitted 
by  the  manager  to  the  coun.cil;  and  printed  copies  of  the  same 
are  to  be  furnished  to  any  citizen  upon  request.  Publicity  and 
safeguards  with  respect  to  the  financial  interests  of  the  city  are 
further  guaranteed  by  giving  the  citizens  full  opportunity  to 
make  any  objections  or  protests  "to  any  item  or  items  in  such 
budget,  or  to  any  omissions  therefrom. ' ' 

But  the  budgetary  system  as  a  whole  can  not  be  considered  as 
perfect.  ' '  The  budget  should  not  only  be  a  statement  of  appro- 
priations, but  also  of  the  revenues  from  which  these  appropria- 
tions are  to  be  disbursed. '  '^^^  In  so  far  as  the  Iowa  law  fails  to 
make  provision  for  the  estimates  of  the  revenues,  it  fails  to  pro- 
vide a  satisfactory  budgetary  system,  although  this  law  shows 
in  this  regard  an  improvement  over  the  commission  law,  which 
does  not  even  contain  the  word  "budget",  but  uses  the  term 
' '  appropriations ' '  instead. 

The  provisions  respecting  other  administrative  details  in  the 
Iowa  city-manager  law,  like  most  other  commission  laws,  are 
very  few.  The  law  requires,  in  the  first  place,  the  city-manager 
to  see  at  all  times  "that  the  business  affairs  of  the  municipal 
corporation  of  which  he  is  manager,  are  transacted  in  a  modem 
and  scientific  method,  in  an  efficient  and  businesslike  manner, 
and  that  accurate  records  of  all  of  the  business  affairs  of  the 
city  or  town  under  his  management,  be  fully  and  accurately 
kept."  Further,  he  is  required  to  submit  to  "the  council  an 
itemized  monthly  report  in  writing,  showing  in  detail,  the  re- 
ceipts and  disbu7'sements,  for  the  preceding  month",  and  such 
reports  after  being  passed  upon  by  the  council  are  to  be  pub- 
lished in  the  newspapers  so  that  the  whole  community  may  be 
kept  informed  of  current  municipal  happenings.  In  these  two 
provisions  may  be  found  all  that  there  is  in  the  law  aiming  at 
efficient  business  methods  in  cities. 


THE  CITY-MANAGER  PLAN  209 

Of  the  newer  forms  of  institutional  democracy  found  in  the 
Des  Moines  plan,  the  city-manager  law  of  Iowa  includes  only  the 
referendum  on  franchises  and  the  protest,  the  procedure  in- 
volved being  exactly  the  same  as  provided  for  in  the  commission 
law.  But  no  provisions  are  made  for  the  initiative,  the  recall,^^' 
or  a  civil  service  commission. 

As  in  the  commission  government  plan  of  Iowa,  the  city 
manager  law  makes  provision  for  the  abandonment  of  the  plan 
after  six  or  more  years  of  operation,  in  the  same  way  as  the 
plan  was  adopted. 

These  two  different  manager  acts,  respectively  known  as  the 
Clarinda  plan  and  the  Waterloo  plan,  constitute  the  most  im- 
portant municipal  legislation  enacted  by  the  Thirty-sixth  Gen- 
eral Assembly  of  Iowa.  Since  the  legal  establishment  of  these 
plans  in  Iowa,  only  Grinnell  has  availed  itself  of  the  Clarinda 
plan,  and  Webster  City  of  the  Waterloo  plan. 

THE   CITY-MANAGER  PLAN  IN  THE  OPTIONAL  CHARTER   LAWS 

Reference  has  already  beeil  made  to  the  optional  charter  laws 
passed  by  the  legislatures  of  Ohio,  New  York,  Massachusetts,  and 
Virginia  in  the  years  from  1913  to  1915.*^^^  In  form  these  laws 
are  general  enabling  acts,  providing  a  number  of  optional  plans, 
each  of  which  is  applicable  to  certain  cities  upon  adoption  by  a 
local  referendum.  With  the  exception  of  the  Ohio  model  charter 
law,  which  is  applicable  to  all  the  cities  and  villages  of  the 
State,  all  other  laws  are  limited  in  their  application  to  certain 
classes  of  cities.  Massachusetts  excludes  the  city  of  Boston ;  New 
York  limits  the  operation  of  the  law  to  cities  of  the  second  and 
third  classes;  while  in  Virginia  cities  of  over  one  hundred  thou- 
sand population  can  not  avail  themselves  of  the  advantages  of 
the  law. 

The  Ohio  and  Virginia  laws  provide  three  plans :  tlie  commis- 
sion plan,  the  city-manager  plan,  and  the  federal  plan.  New  York 
has  sevou  optional  forms  of  charters,  which  are  as  follows : — 

1.  Government  by  a  limited  council  or  commission,  with 
division  of  administrative  duties. 

2.  Government  by  a  limited  council  or  commission,  with  col- 
lective supeiwision  of  administration. 


210  COMMISSION  AND  MANAGER  PLANS 

3.  Government  by  a  limited  council  or  commission,  which 
shall  choose  a  city-manager. 

4.  Government  by  means  of  separate  executive  and  legisla- 
tive departments,  the  latter  to  consist  of  three  or  five  councilmen. 

5.  Government  by  means  of  separate  executive  and  legisla- 
tive departments,  the  latter  to  consist  of  a  council  of  nine 
members  elected  at  large. 

6.  Government  consisting  of  a  mayor  elected  at  large  and  a 
legislative  council  chosen  by  wards. 

7.  Adoption  of  the  law  of  third  class  cities  by  cities  of  the 
second  class. 

The  Massachusetts  law  provides : 

1.  Government  by  a  mayor  and  city  council  of  nine  members, 
elected  at  large. 

2.  Government  by  a  mayor  and  city  council  of  from  eleven 
to  fifteen  members,  elected  partly  at  large  and  partly  by  dis- 
tricts. 

3.  The  commission  form  of  government. 

4.  The  city-manager  plan  of  government. 

The  commission  plans,  as  provided  in  these  four  optional  char- 
ter laws,  have  been  analyzed  elsewhere  in  this  study;  and  for 
the  present  purpose  only  the  essential  points  in  these  laws  with 
reference  to  the  city-manager  plan  need  to  be  presented. 

Being  permissive  and  optional  in  form,  these  four  charter 
laws  are  not  self-executing.  In  order  to  be  effective  in  any  city, 
the  people  must,  through  an  initiative  petition,  start  proceedings 
for  the  adoption  of  any  one  of  the  forms  provided  in  the  laws. 
In  all  the  States  ten  percent  of  the  voters  of  the  city  may  start 
the  movement  by  petition.  The  basis  for  this  percentage,  how- 
ever, is  not  the  same  in  the  different  States.  Ohio  requires  ten 
percent  of  those  who  voted  at  the  last  regular  municipal  elec- 
tion ;  New  York  and  Virginia  require  ten  percent  of  the  number 
of  votes  cast  at  the  last  preceding  general  election;  and  Massa- 
chusetts takes  as  the  basis  the  registered  voters  at  the  last 
preceding  State  election.  The  petition,  after  having  secured 
the  necessary  required  number  of  signatures,  is  to  be  filed  with 
the  proper  authority,  w^hich  is  also  different  in  the  different 
States.    In  Ohio  it  is  "  the  board  of  deputy  of  state  supervisors 


THE  CITY-MANAGER  PLAN  211 

of  elections  or  board  of  deputy  of  state  supervisors  and  in- 
spectors of  election ' '  of  the  county  in  which  the  city  is  situated ; 
in  New  York  and  IMassachusetts  the  city  clerk  is  the  proper 
authority;  and  in  Virginia  the  circuit  court  having  jurisdiction 
over  the  city  is  specified.  In  all  cases  a  majority  of  the  votes 
cast  thereon  at  the  election  is  all  that  is  necessary  for  the 
adoption  (or  rejection)  of  the  proposed  plan. 

The  city-manager  plans,  provided  in  these  laws,  are  of  prac- 
tically the  same  nature,  differing  only  in  minor  details.  In  all 
the  laws  there  is  provision  for  a  council  as  the  legislative  body 
of  the  city,  and  for  an  appointed  and  ' '  controlled ' '  city-manager 
to  be  the  administrative  head  of  the  city  government.  But  the 
size  of  the  council  varies  in  the  different  laws.  In  all  except  the 
Massachusetts  law,  which  fixes  the  number  of  councilmen  at 
five  for  all  cities,  the  council  varies  in  size  in  accordance  with 
the  size  of  the  municipality.  In  Ohio  there  are  five  councilmen 
for  cities  having  not  more  than  ten  thousand  inhabitants;  seven 
for  cities  between  ten  thousand  and  twenty-five  thousand;  and 
nine  for  cities  of  twenty-five  thousand  and  upwards.  New  York 
provides  a  mayor  and  four  councilmen  for  cities  of  the  third 
class,  and  a  mayor  and  six  councilmen  for  cities  of  the  second 
class.  Finally,  the  Virginia  law  provides  for  a  council  of  three  or 
five  members  for  cities  of  ten  thousand  or  under;  and  of  from 
five  to  eleven  members  for  cities  of  ten  thousand  or  over. 
Councilmen  are  in  aU  cases  elected  at  large,  and  have  a  four- 
year  term  in  all  States  except  Massachusetts,  where  the  term  of 
office  is  two  years. 

It  is  only  in  the  New  York  plan  that  the  mayor  is  elected  as 
such.  The  Massachusetts  law  provides  that  in  the  election  at 
which  the  places  of  three  members  in  the  council  are  filled,  the 
candidate  receiving  the  highest  number  of  votes  is  declared  to 
be  the  mayor  of  the  city  under  the  city-manager  plan.  Both 
in  Ohio  and  Virginia  the  mayor  is  chosen  by  the  council  from 
among  its  own  members  at  the  first  regular  meeting  following  the 
election.  The  name  "mayor"  is  not  found  in  the  Ohio  law,  the 
term  ' '  chairman ' '  being  used  instead. 

The  mayor  so  chosen  or  elected  is  in  all  cases  the  official  head 
of  the  city  for  the  service  of  civil  process  and  respected  as  such 


212  COMMISSION  AND  MANAGER  PLANS 

for  ceremonial  purposes.  He  presides  at  the  meeting  of  the 
council,  and  in  New  York  and  Massachusetts  he  has  the  same 
power  as  other  councilmen  to  vote  upon  all  matters  coming  be- 
fore the  council. 

The  administrative  and  executive  powers  under  these  plans 
are,  as  usual,  vested  in  an  officer  known  as  the  city-manager, 
who  is  appointed  by  the  council  and  holds  the  office  during  the 
pleasure  of  the  latter  body.  The  Virginia  law  specifies  that  the 
manager  shall  hold  "office  during  the  pleasure  of  the  council; 
or  for  a  term  of  three  years  unless  sooner  removed  by  the  council 
upon  proven  charges  preferred  for  malfeasance  or  misfeasance, 
neglect  of  duty  or  incompetency."  If  after  three  years  the 
manager  proves  to  be  satisfactory,  he  may  be  reappointed  by  the 
council  for  a  term  not  exceeding  six  years,  but  he  is  always 
subject  to  removal  by  the  council  for  the  above  mentioned  causes. 

Like  other  city-manager  statutes  or  charters  these  optional 
charter  laws  vest  in  the  city  manager  all  the  functions  of 
appointment,  of  control  of  employees,  and  of  advice  to  the  com- 
missions.   The  Ohio  law  enumerates  his  powers  as  follows : 

(a)  to  see  that  the  laws  and  ordinances  are  faithfully  executed; 

(b)  to  attend  all  meetings  of  the  council  at  which  his  attendance  may 
be  required  by  that  body ; 

(e)  to  recommend  for  adoption  to  the  council  such  measures  as  he  may 
deem  necessary  or  expedient ; 

(d)  to  appoint  all  officers  and  employees  in  the  classified  service  of  the 
municipality,  subject  to  the  provisions  of  this  act  and  the  civil  service  law; 

(e)  to  prepare  and  submit  to  the  council  such  reports  as  may  be  re- 
quired by  that  body,  or  as  he  may  deem  advisable  to  submit; 

(f)  to  keep  the  council  fully  advised  of  the  financial  condition  of  the 
municipality  and  its  future  needs; 

(g)  to  prepare  and  submit  to  the  council  a  tentative  budget  for  the 
next  fiscal  year; 

(h)  and  to  perform  such  other  duties  as  the  council  may  determine  by 
ordinance  or  resolution. 

The  New  York  law  gives  similar  powers  to  the  city-manager, 
the  following  being  the  exact  language  of  the  law : 

The  city  manager  shall  (1)  be  the  administrative  head  of  the  city  govern- 
ment; (2)  see  that  within  the  city  the  laws  of  the  state  and  the  ordinances, 
resolutions  and  by-laws  of  the  council  are  faithfully  executed;  (3)  at- 
tend all  meetings  of  the  council,  and  recommend  for  adoption  such  measures 
as  he  shall  deem  expedient;  (4)  make  reports  to  the  council  from  time 
to  time  upon  the  affairs  of  the  city,  keep  the  council  fully  advised  of  the 


THE  CITY-MANAGER  PLAN  213 

city'«  financial  condition,  and  its  future  financial  need;  (5)  prepare  and 
submit  to  the  council  a  tentative  budget  for  the  next  fiscal  year. 

The  city-manager  in  Massachusetts  "shall  (1)  be  the  adminis- 
trative head  of  the  city  government;  (2)  see  that  within  the  city 
the  laws  of  the  state  and  the  ordinances,  resolutions  and  regula- 
tions of  the  council  are  faithfully  executed;  (3)  attend  all 
meetings  of  the  council,  and  recommend  for  adoption  such 
measures  as  he  shall  deem  expedient;  (4)  make  reports  to  the 
council  from  time  to  time  upon  the  affairs  of  the  city,  keep  the 
council  fully  advised  of  the  city's  financial  conditions  and  its 
future  financial  needs;  (5)  appoint  and  remove  all  heads  of  de- 
partments, superintendents  and  other  employees  of  the  city." 

The  Virginia  law  empowers  the  city-manager  in  the  following 
manner : 

The  city  manager  shall  (1)  see  that  within  the  city  the  laws,  ordinances, 
resolutions  and  by-laws  of  the  council  are  faithfully  executed;  (2)  attend 
all  meetings  of  the  council,  and  recommend  for  adoption  sueh  measures 
as  he  shall  deem  expedient;  (3)  make  reports  to  the  council  from  time  to 
time  upon  the  affairs  of  the  city;  keep  the  council  fully  advised  of  the 
city's  financial  condition  and  its  future  financial  needs;  (4)  prepare  and 
submit  to  the  council  a  tentative  budget  for  the  next  fiscal  year;  (5) 
perform  sueh  other  duties  as  may  be  prescribed  by  the  council  not  in  con- 
flict with  the  foregoing. 

From  these  provisions  in  the  laws  with  reference  to  the  powers 
of  the  city-manager  it  can  readily  be  seen,  how  closely  one  State 
follows  another  in  drawing  up  statutes  of  the  same  kind.  Only 
two  explanations  seem  possible  to  account  for  this  similarity: 
either  these  statutes  are  drawn  very  hastily  and  blindly;  or  the 
law  of  one  State  is  so  well  worked  out  that  the  second  State  can 
not  draw  up  a  better  one  on  the  same  subject. 

Since  the  enactment  of  these  optional  charter  laws,  no  city  in 
Ohio  or  Massachusetts  has  seen  fit  to  adopt  the  manager  plan  so 
provided.  But  in  Ohio,  as  has  already  been  pointed  out,  cities 
enjoy  the  constitutional  right  to  frame  their  own  charters,  and 
so  there  is  no  need  to  adopt  any  ready-made  plan  enacted  by  the 
State  legislature.  It  is  only  in  New  York  that  the  manager 
plan  of  the  optional  charter  law  has  been  adopted  by  a  consider- 
able number  of  cities.  Niagara  Falls  was  the  first  city  to  succeed 
in  adopting  the  plan,  on  November  3,  1914,  by  a  vote  of  2526 
to  1068;^^^  and  was  followed  by  Newburgh  on  May  1,  1915,  by 


214  COMMISSION  AND  MANAGER  PLANS 

a  vote  of  1432  to  1087/^^  Another  city  in  New  York  which  has 
availed  itself  of  the  optional  charter  law  is  Watertown,  which 
adopted  the  manager  plan  on  November  2,  1915,  by  a  vote  of 
2488  to  2891.''"  But  the  manager  plan  in  Watertown  was  not 
put  into  effect  until  January  1,  1918.  In  Virginia,  Portsmouth 
is  the  only  city  that  has  thus  far  availed  itself  of  the  manager 
plan  as  provided  in  the  law  of  1915.  The  plan  was  adopted  in 
November,  1915,  and  went  into  effect  in  September,  1916.''^* 

CITY-MANAGERS  IN  OTHER  CITIES 

It  is  evident  from  the  foregoing  discussion  that  there  are  two 
distinct  types  of  city-manager  now  existing  in  this  country.  As 
ordinarily  understood,  the  city-manager  plan  is  "a  form  of 
government  which  combines  the  ideas  of  a  small  representative 
body,  elected  at  large  on  a  non-partisan  ballot,  possessing  all 
ultimate  legal  powers  of  the  city,  and  subject  to  certain  important 
checks  in  the  hands  of  the  electorate,  with  concentration  of  ad- 
ministrative power  in  a  single  individual  chosen  by  the  represen- 
tative body  because  of  expert  professional  qualifications.  "^^^ 
This  single  individual  administrative  head  is  known  as  the  city- 
manager.  With  few  exceptions  the  cities  that  have  already 
been  discussed  in  this  study  have  city-managers  of  this  type. 

But  there  are  also  cities  which  have  created  the  office  of  city- 
manager  by  ordinance,  but  without  at  the  same  time  introducing 
any  change  in  connection  with  the  old  mayor  and  council  form 
of  government.  This  was  what  Staunton  did  in  1908  when  for 
the  first  time  in  this  country  the  term  ' '  manager ' '  in  connection 
with  municipal  administration  was  introduced.  There  the  old 
mayor  and  council  form  of  organization  was  retained  and  no 
change  was  made  in  the  form  of  government  other  than  the  cre- 
ation by  ordinance  of  the  position  of  city-manager.  This  plan 
has  since  been  followed  by  a  number  of  other  cities. 

Under  the  definition,  of  the  city-manager  plan  above  cited  and 
in  the  consideration  of  the  history  of  the  city-manager  movement 
by  a  number  of  authorities  on  the  subject,  the  city-manager 
under  the  old  mayor-and-council  form  of  government  has  been 
entirely  ignored.  Whether  such  an  attitude  is  justifiable  is 
open  to  question ;  but  the  fact  remains  that  the  general-manager 


THE  CITY-MANAGER  PLAN  215 

features  introduced  by  Staunton  and  followed  by  other  cities  has 
at  least  some  of  the  advantages  often  claimed  for  the  city- 
manager  plan — as,  for  example,  the  idea  of  a  single  administra- 
tive head  chosen  because  of  professional  qualifications.  For  this 
reason  the  original  manifestation  of  the  plan  in  Staunton  has 
been  fully  treated  in  this  study ;  and  for  this  reason,  also,  a  con- 
sideration of  the  history  of  the  city-manager  movement  can  not 
be  said  to  be  complete  without  taking  into  account  those  cities, 
other  than  Staunton  and  those  already  given  above,  which  have 
provided  by  ordinance  for  the  position  of  city-manager  without 
changing  their  form  of  government  in  other  respects. 

But  in  taking  up  this  class  of  cities  an  obvious  difficulty  soon 
appears.  As  the  term  "city-manager"  has  a  certain  advertising 
value  for  the  city  employing  it,  many  cities  have  been  inclined 
to  confer  upon  a  certain  officer  the  title  without  at  the  same  time 
giving  to  him  the  real  powers  pertaining  to  such  a  position.  It 
is  said  that  in  a  certain  city  in  Tennessee  where  there  was  an 
officer  known  as  the  city  commissioner  who  had  considerable  to 
do  with  public  works,  the  council  passed  a  resolution  which  ran 
substantially  as  follows : 

Whereas  it  is  getting  to  be  the  fashion  for  up  to  date  cities  to  have  city 
managers,  and 

Whereas  it  will  make  ....  City  look  like  an  up  to  date  city  to 
have  a  city  manager. 

Therefore,  be  it  resolved,  that  the  title  of  the  present  city  commissioner 
be  changed  to  city  manager."^** 

Thus,  there  are  so-called  city-managers  who  are  not  really 
managers  of  cities:  the  mere  conferring  of  the  title  of  city- 
manager  does  not  necessarily  make  such  an  official  a  real  city- 
manager.  At  the  same  time  there  is  no  hard  and  fast  rule  to  rely 
upon  in  deciding  whether  or  not  a  given  official  is  a  real  city- 
manager.  There  are  different  degrees  of  power  that  are  given 
to  the  city-managers  in  different  cities.  It  is,  perhaps,  for  this 
reason  that  organizations  concerned  with  city  government,  like 
the  National  Municipal  League  and  the  Short  Ballot  Organiza- 
tion, are  justified  in  including  in  the  list  of  city-manager  cities 
only  those  cities  having  a  combination  of  the  commission  govern- 
ment and  general-manager  ideas;  for,  as  Childs  says,  the  other 
type  of  city-manager  form,  "lacking  so  many  of  the  basic  prin- 


216  COMMISSION  AND  MANAGES  PLANS 

ciples  which  are  essential  to  good  government  in  the  long  run,  is 
■very  liable  to  get  into  trouble  from  time  to  time  and  to  give  to 
the  true  Commission-manager  plan  and  to  City  managers,  an 
undeserved  bad  name. '  '^^^ 

But  since  the  City  Managers'  Association  has  defined  the  city- 
manager  as  one  who  "is  the  administrative  head  of  a  munici- 
pality appointed  by  its  legislative  body"*'^^  and  has  admitted 
into  membership  city-managers  under  the  mayor-and-council 
form  of  organization  as  well  as  those  under  the  true  commission- 
manager  plan  of  government,  it  seems  necessary  to  include  in 
this  consideration  of  the  city-manager  movement  those  non-com- 
mission governed  cities  which  have  an  officer  w'ho  bears  the  title 
of  city-manager.  Some  of  the  more  important  cities  of  this  class 
may  now  be  discussed  in  order  to  illustrate  more  fully  the 
powers  and  duties  of  that  type  of  city-manager. 

Virginia. — By  ordinance  of  the  city  council,  adopted  in  1912, 
Fredericksburg  created  the  office  of  city  commissioner.  But 
under  the  Constitution  of  Virginia  the  police  and  taxing  power, 
being  sovereign  powers  delegated  to  the  city  council,  could  not 
be  re-delegated  to  any  other  agency.  Thus,  the  ordinance 
creating  the  new  office  left  all  matters  relating  to  the  police  and 
taxing  power  intact  in  the  council ;  but  in  other  respects  the  city 
council  acts  only  as  a  board  of  directors  in  relation  to  the  policies 
of  the  city  commissioner.  The  city  commissioner  is  vested  with 
complete  authority  relating  to  all  administrative  affairs  other 
than  those  of  the  police  department  and  the  levying  of  taxes.  In 
fact,  he  is  "the  supervising,  directing,  executing,  overseeing, 
buying  and  spending  agent  of  and  for  the  city. ' '  He  is  required 
to  "look  after  the  heads  of  the  water,  sewer,  gas,  streets  and  all 
other  departments  of  the  city ;  to  map  out  plans  in  all  the  depart- 
ments for  coordinated  work,  so  that  each  department  would 
work  in  conjunction  with  other  departments,  and  all  together 
work  towards  one  comprehensive  plan  for  the  betterment  of  the 
whole  city. '  '^^^ 

In  exercising  his  authority  and  performing  his  duties  the  city 
commissioner  is  only  responsible  to  the  city  council  as  a  whole,  to 
which  he  submits  at  its  regular  meetings  an  itemized  statement 
of  all  the  expenditures  during  the  preceding  thirty  days,  the 


THE  CITY-MANAGER  PLAN  217 

estimated  expenditures  for  the  following  thirty  days,  and  a 
financial  statement  with  his  recommendations  in  regard  to  fur- 
ther improvements  and  developments. 

Another  city  in  Virginia  governed  by  a  business  manager 
under  the  mayor-and-council  form  of  municipal  organization  is 
Charlottesville.  It  was  due  partly  to  the  inefficient  and  waste- 
ful administration  under  the  unpaid  committee  system  of  the  old 
form  of  government  and  partly  to  the  example  set  by  Staunton 
that  the  city  council  of  Charlottesville  passed,  in  the  summer  of 
1913,  an  ordinance  creating  a  municipal  business  manager.  This 
ordinance  was  to  be  effective  for  one  year,  but  in  the  summer  of 
1914  it  was  amended  and  reenacted.*^^  The  manager  thus 
created  is  to  be  elected  at  the  meeting  of  the  council  for  a  two- 
year  term.  He  is  charged  with  the  duties  of  an  executive  and 
administrative  character  formerly  performed  by  the  several 
committees  of  the  council — these  committees  being  now  required 
to  act  only  in  advisory  capacities.  Any  disagreement  between 
the  municipal  business  manager  and  the  committees  is  to  be 
referred  to  and  decided  by  the  council.  In  the  quarterly  reports 
the  manager  is  required  to  set  forth  an  estimate  of  all  the  sums 
of  money  necessary  to  carry  on  the  operation  of  the  city  in  the 
various  departments  for  the  ensuing  quarter.  At  the  end  of 
each  quarter  he  is  again  required  to  "make  a  written  report  to 
the  council  of  all  transactions  and  operations  during  the  said 
quarter,  including  a  detailed  statement  of  all  bills  approved  by 
him  showing  how  and  where  the  various  sums  were  expended 
during  said  quarter  in  order  that  all  disbursements  may  be  re- 
lated to  their  objects  in  the  several  departments." 

Pennsylvania. — The  city  of  Titusville,  Pennsylvania,  which 
adopted  commission  government  under  the  Clarke  Act,  created 
the  office  of  city-manager  by  an  ordinance  passed  in.  December, 
1913.  The  departments  of  engineering,  streets,  sewers,  water, 
lighting,  and  purchasing  are  thus  consolidated  and  put  under 
the  charge  of  the  city-manager.  Titusville  is  one  of  the  first 
cities  in  Pennsylvania  to  adopt  this  plan  of  administering  city 
affairs.  The  city-manager  there  holds  his  office  at  the  pleasure 
of  the  city  council,  and  draws  a  salary  of  $2100  per  annum. ^** 


218  COMMISSION  AND  MANAGER  PLANS 

Grove  City  was  the  second  Pennsylvania  city  to  have  a  city- 
manager.  Early  in  the  year  1913  Grove  City  had  an  epidemic 
of  typhoid  fever  which  was  caused  by  a  polluted  water  supply. 
As  a  result  the  council,  in  the  spring  of  1914,  passed  an  ordi- 
nance creating  the  position  of  manager;  and  a  committee  was 
appointed  to  secure  a  man  for  that  position.  In  Grove  City 
the  manager  bears  the  title  of  "Managing  Engineer" — which 
indicates  the  fact  that  much  of  the  engineering  work  of  the  city 
is  either  performed  or  supervised  by  him.  His  tenure  of  office 
is  fixed  by  the  ordinance  as  one  year ;  but  he  may  be  reappointed ; 
and  he  may  be  removed  at  any  time  by  the  council.^^^ 

Massachusetts. — In  Norwood,  Massachusetts,  there  is  a  town- 
manager  operating  under  the  old  form  of  town-meeting  charter. 
This  town-meeting  system  of  New  England  provides  for  regular 
meetings  at  which  the  citizens  vote  upon  by-laws  and  elect  the 
selectmen  and  other  officials.  This  scheme  is  very  democratic 
and  was  workable  under  the  simple  conditions  of  former  days, 
but  it  is  not  adapted  to  the  handling  of  complex  problems  of 
a  modern  city.  For  this  reason  the  legislature  of  Massachusetts 
passed  an  act  in  1915  empowering  the  selectmen  of  the  town  to 
appoint  a  town-manager.  His  tenure  of  office  is  not  fixed.  He 
is  given  full  power  to  appoint  and  discharge  superintendents, 
of  all  departments,  as  well  as  to  fix  salaries  and  create  new  de- 
partments or  disband  or  combine  existing  departments.^^'' 

Illinois. — In  River  Forest,  Illinois,  the  government  was  for- 
merly in  the  hands  of  a  president  and  six  trustees,  elected  at  large 
and  serving  without  pay.  With  the  growth  of  the  city,  how- 
ever, it  was  found  that  these  officers  were  unable  to  give  the 
necessary  personal  attention  to  the  affairs  of  the  village  and  so 
they  decided  in  May,  1913,  to  employ  a  city-manager,  or  general 
superintendent,  whose  duty  it  would  be  to  assume  the  adminis- 
trative functions  of  the  village.  No  change  of  charter  provision 
was  necessary  to  create  the  position.,  as  the  Illinois  statutes 
provide  that  at  their  discretion  the  president  and  the  board  of 
trustees  "may  from  time  to  time,  by  ordinance  passed  by  vote 
of  two-thirds  of  all  the  Trustees  elected,  provide  for  the  appoint- 
ment by  the  President,  with  the  approval  of  the  Board,  of  such 


THE  CITY-MANAGER  PLAN  219 

officers  as  may  by  said  Board  be  deemed  necessary  or  expedient 
for  the  proper  administration  of  the  affairs  of  the  village.  "*»• 
Thus,  on  June  9,  1913,  an  ordinance  creating  the  office  of  "Gen- 
eral Superintendent"  was  passed,  and  an  appointment  was  made 
on  the  same  day.  The  ordinance  requires  this  new  officer  to 
devote  all  of  his  time  to  the  service  of  the  village,  with  general 
authority  and  supervision  over  all  other  village  officers. 

Glencoe  is  another  small  town  in  Illinois  which  created  the 
position  of  village  manager  by  virtue  of  a  resolution  of  the  city 
council  in  January,  1914.  After  the  passage  of  the  resolution 
Glencoe  advertised  in  a  Chicago  newspaper  for  a  village  manager, 
and  finally  selected  H.  H.  Sherer  to  fill  the  position.  The  man- 
ager receives  a  salary  of  $2400  per  annum.^^^ 

California. — In  the  spring  of  1914  the  city  of  Inglewood, 
California,  passed  an  ordinance  creating  the  office  of  city- 
manager  and  defining  his  duties  and  powers  as  follows : 

1.  To  see  that  laws  and  ordinances  of  the  city  are  enforced; 

2.  To  exercise  control  over  all  the  departments  of  the  city  and  direct 
the  work  of  all  appointive  officers; 

3.  To  employ  and  dismiss  all  city  employees; 

4.  To  superintend  the  construction  of  all  public  work  within  the  said 
city ; 

5.  To  approve  or  disapprove  the  requisition  for  the  purchase  of  any 
article  or  articles  for  the  said  city  by  any  department  or  officer  before  the 
purchase  is  made. 

6.  To  attend  all  the  meetings  of  the  Board  of  Trustees  and  to  recom- 
mend to  said  Board  for  adoption  such  measures  as  he  may  deem  necessary 
or  expedient; 

7.  To  keep  the  Board  of  Trustees  fully  advised  as  to  the  financial  con- 
ditions and  needs  of  the  city;  and 

8.  To  perform  such  other  duties  as  may  be  prescribed  by  ordinance  or 
resolution  of  the  Board  of  Trustees.*"* 

In  exercising  these  powers  the  city-manager  is  subject  to  the 
approval  and  control  of  the  board  of  trustees,  which  has  full 
power  to  correct  and  set  aside  any  action  taken  by  him.  The 
ordinance  further  provides  that  the  legal  department  and  the 
city  attorney  are  expressly  excepted  from  the  city-manager's 
control. 

The  example  set  by  Inglewood  was  followed  by  San  Diego, 
where  the  office  of  city-manager  was  similarly  created  by  an 


220  COMMISSION  AND  MANAGER  PLANS 

ordinance  on  May  3,  1915.^^^  Mention  may  also  be  made  of  Al- 
hambra,  California,  Clark,  South  Dakota,  and  Grand  Haven, 
Michigan.  In  all  these  cities  there  are  officers  called  managers. 
During  the  legislative  session  of  1917  the  Arkansas  legislature 
passed  a  commission-manager  charter  applying  to  Hot  Springs; 
and  the  Kansas  legislature  passed  an  optional.  State-wide  com- 
mission-manager plan  law. 


VII 

QUALIFICATIONS  FOR   THE  POSITION   OF 
CITY-MANAGER 

The  city-manager  plan,  like  any  other  form  of  government,  is 
no  miracle  in  itself.  "Governments,  like  clocks,  go  from  the 
motion  men  give  them ;  and  as  governments  are  made  and  moved 
by  men,  so  by  them  they  are  ruined  too.  "^^*  There  is  no  such 
thing  as  a  perfect  form  of  government — municipal,  State  or 
national.  So  long  as  government  must  be  administered  by  men 
the  success  or  failure  of  a  particular  form  of  government,  no 
matter  what  its  form  may  be,  will  be  largely  decided  by  the  kind 
of  men  who  are  entrusted  with  its  administration.  The  form  of 
government  is  important  only  in  so  far  as  it  facilitates  or  ob- 
structs them  in  the  performance  of  their  functions.  Assuming 
that  the  city-manager  plan  is  a  good  and  adequate  instrument 
with  which  to  carry  out  the  work  of  governing  cities,  the  ques- 
tion, still  remains,  what  should  be  the  standard  qualifications  in 
the  new  profession  of  city-manager?  This  question  is  of  the 
utmost  importance  when  one  considers  how  many  good  measures 
and  how  many  good  laws  have  fallen  into  disrepute  simply  be- 
cause of  administration  by  the  wrong  kind  of  men,  or  of  the 
lack  of  specially  prepared  administrative  officials. 

In  answering  the  question  concerning  the  requirements  for 
^ity-manager,  one  should  constantly  bear  in  mind  the  functions 
which  the  city-manager  is  called  upon  to  perform.  It  is  only 
from  a  thorough  understanding  of  the  nature  of  the  city-man- 
ager's work  that  a  conclusion  can  be  reached  as  to  the  necessary 
and  standard  qualifications  for  such  a  profession.  From  the 
analysis  of  some  of  the  typical  city-manager  statutes,  charters, 
and  ordinances  mentioned  elsewhere  in  this  study,  and  from  the 
conclusions  of  competent  authorities,  the  following  are  apparent- 
ly the  general  powers  usually  conferred  upon  that  official : 
He  is  charged  with  the  enforcement  of  laws  and  ordinances, 

(221) 


222  COMMISSION  AND  MANAGER  PLANS 

He  administers  the  affairs  of  the  departments  and  is  responsible  for  the 
results  obtained  therefrom. 

He  appoints  and  dismisses  the  employees  whose  work  will  produce  the 
results  he  is  responsible  for. 

He  advises  the  council  and  attends  the  meetings  for  that  purpose,  sup- 
plementing his  advices  with  formal  written  reports,  but  he  has  no  vote. 

He  estimates  the  financial  needs  of  the  corporation  and  acts  as  expert 
budget  maker  and  financial  advisor  of  the  commission. 

He  has  the  general  powers  of  investigation  and  is  the  general  agent  of 
the  commission.'^' 

It  is  evident  that  the  work  the  city-managers  are  expected  to 
perforin  is  almost  entirely  of  a  scientific  and  technical  character. 
For  instance,  the  administration  of  departmental  affairs  re- 
quires high  technical  and  scientific  skill  similar  to  that  required 
for  the  successful  conduct  of  a  commercial  and  business  enter- 
prise. Again,  the  formulation  of  a  tentative  budget  requires 
foresight  and  initiative.  Finally,  the  construction  and  oper- 
ation of  public  works,  which  are  put  in  charge  of  the  city- 
manager  by  many  charters,  requires  the  same  technical  knowL 
edge  and  skill  that  is  necessary  in  supervising  similar  works 
conducted  by  private  corporations. 

Early  charter-makers  have  regarded  this  last-named  phase  of 
the  city-manager's  work  as  his  most  important  function;  and 
therefore,  it  has  been  specifically  set  forth  in  some  of  the  charters 
that  the  city-manager  shall  be  a  civil  engineer.  For  this  reason  a 
large  majority  of  "the  city-managers  have  been  recruited  from 
the  ranks  of  men  trained  and  experienced  in  engineering  work. 
But  this  is  a  good  preparation  only  in  so  far  as  it  goes:  a 
knowledge  of  engineering  is  only  one  qualification  for  the  office. 
The  city-manager  who  is  an  engineer  has  the  same  advantage  in 
this  respect  as  managers  with  a  knowledge  of  accounting,  sani- 
tation, or  criminology  have  in  other  respects.  Rightly  understood 
the  city-manager  is  more  than  a  superintendent  of  public  works. 
Being  the  administrative  head  of  the  municipal  government,  he 
is  charged  with  functions  far  more  important  than  the  perform- 
ance of  special  acts  of  individual  application  as  expressly  enum- 
erated in  the  charter  or  ordinance. 

In  the  first  place,  the  city-manager  is  invariably  granted 
powers  more  or  less  extensive  which  affect  directly  and  per- 
sonally all  the  officers  of  the  municipal  administration.     For 


( 


QUALIFICATIONS  OP  CITY-MANAGER  223 

instance,  he  appoints,  suspends,  or  removes  any  of  the  officers 
or  employees  in  the  respective  departments  which  may  be  under 
his  management  and  control ;  and  in  almost  all  cases  he  has 
the  power  to  examine  the  affairs  of  any  department  or  the  con- 
duct of  any  officer  or  employee. 

In  the  second  place  the  power  of  the  city-manager  to  see  that 
the  laws  of  the  State  and  the  charter,  ordinances,  resolutions, 
and  bj^-laws  of  the  council  are  enforced  and  faithfully  executed 
gives  him  a  somewhat  undefined  power  which  may  have  far 
reaching  consequences  in  reference  to  the  welfare  of  the  com- 
munity. This  is  true  because  the  city  statute  books  in  this  coun- 
try contain  a  large  number  of  ordinances  touching  matters  that 
concern  every  phase  of  the  life,  liberty,  and  property  of  the 
citizen.  "The  truth  is  that  no  other  body  of  laws  interferes 
with  individual  freedom  of  action  so  much  as  city  ordinances. 
In  the  country  the  law-abiding  citizen  hardly  ever  feels  the 
tether  of  the  law.  In  the  city  he  feels  it  all  the  time. '  '^^^  Thus 
the  city-manager,  charged  with  the  enforcement  and  faithful 
execution  of  the  laws  and  ordinances,  becomes  the  officer  upon 
whose  executive  ability,  common  sense,  and  honesty  the  welfare 
of  the  whole  community  depends.  Questions  of  law,  of  justice, 
of  the  welfare  of  the  population.,  of  civil  administration,  and 
of  political  management  are  involved  in  the  actual  services 
demanded  of  the  city-manager. 

Viewed  from  the  standpoint  of  all  his  functions  an  engineer 
with  mere  technical  training  would  not  necessarily  make  a  good 
city-manager.  An  engineer  may  be  competent  to  take  care  of 
the  physical  side  of  the  city ;  but  this  is  only  half  of  the  task  of 
city  administration.  The  other  half  of  administration,  far  more 
important  and  essential  than  the  mere  care  of  the  physical  plant 
of  the  city,  is  the  social  or  human  side,  that  is,  the  welfare  of  the 
people  in  their  social  capacity.  To  take  care  of  this  phase  of 
city  administration  requires  managers  possessing  more  tlian 
technical  training  in  engineering  work.  Mr.  Henry  M.  Waite, 
city-manager  of  Dayton,  offers  some  suggestions  concerning  the 
necessary  qualifications  of  a  city  manager  when  he  says : 

He  [the  city  manager]  should  have  at  least  a  fair  education — sufficient 
theory,  but  not  too  much  to  spoil  the  practical  side  of  his  make-up.  He 
must  be  an  executive,  he  must  know  how  to  handle  men ;  he  must  be  fair 


224  COMMISSION  AND  MANAGER  PLANS 

and  just;  he  must  be  firm  and  polite;  he  must  have  the  courage  of  his 
convictions.  Any  man  with  these  qualifications  can  be  a  city  manager. 
Such  a  man  can  select  the  subordinate  and  advisers  to  aid  him  in  carrying 
out  the  functions  of  those  departments  with  which  he  is  not  familiar.  He, 
as  an  executive,  must  get  the  efficiency  from  all  of  his  departments  through 
organization.""" 

The  qualities  indicated  by  Mr.  Waite  are  of  prime  importance 
in  the  management  of  large  affairs.  But  the  manager  of  a  city 
requires  additional  qualifications.  The  requirement  for  munic- 
ipal-managers differs  from  that  for  the  managers  of  ordinary 
business  corporations  inasmuch  as  municipal  administration 
has  problems  that  transcend  those  of  business,  and  the  manager 
should  not  be  held  down  to  commercial  standards.  While  it  is 
possible  and  profitable  to  apply  business  organization  and 
business  methods  to  the  municipal  corporation,  it  by  no  means 
follows  that  the  government  of  a  municipality  is  purely  a 
business  institution,  and  that  any  successful  business  manager 
can  become  a  good  municipal  manager.  Private  business 
managers  are  primarily  trained  to  make  profits ;  while  municipal 
managers  have  the  welfare  of  the  people  as  their  prime  object. 
Municipal  administration  can  never  be  commercialized  without 
lasting  injury  to  the  community ;  and  consequently  a  municipal 
manager  must  be  one  who  has  something  more  than  cold  and 
practical  business  sense.  To  use  the  words  of  Professor  Black^ 
mar,  the  city-manager  must  be  a  social  engineer. 

The  city-manager  "must  know  thoroughly  the  physical  struc- 
ture of  the  city  and  how  to  build  it  and  maintain  it,  the  political 
and  social  organization  of  the  city  and  their  administration,  and 
a  knowledge  of  the  whole  population  so  that  he  may  care  for  it, 
for  it  is  the  function  of  municipal  administration  to  care  not 
only  for  the  physical  plant,  but  for  the  whole  population.  And 
the  administrator  must  know  how  to  manage  all  of  this  with 
efficiency  and  economy.  There  must  be  no  waste  through  prac- 
tical administration  or  through  the  by-products  of  social  activity 
....  [In  brief],  the  city  manager  must  be  a  social  engineer  as 
well  as  a  civil  and  structural  engineer. '  '^^^ 


VIII 

SUMMARY  AND  CONCLUSIONS 

All  systems  of  government  are  expedients  of  time  and  place, 
and  so  that  form  is_the  best  which  "under  the  existing  conditions 
of  public  intelligence,  public  experience,  civic  spirit,  and  common 
honesty  prevailing  in  each  particular  city,  succeeds  best  in 
making  the  whole  body  of  public  authorities,  from  the  chief 
magistrate  to  the  humblest  elector,  individually  and  collectively 
responsible  for  the  good  government  of  the  municipality."**^ 
It  is,  therefore,  quite  impossible  to  say  a  priori  what  form  of 
municipal  government  is  the  best.  It  is  the  results  obtained 
rather  than  the  form  of  organization  which  is  of  prime  im- 
portance to  the  people  under  any  political  jurisdiction.  The 
form  is  important  only  in  so  far  as  it  facilitates  or  obstructs 
the  attainment  of  the  results  which  the  people  desire.  In  other 
words,  that  form  of  government  is  the  best  which  produces  the 
best  results. 

Applying  this  test  to  the  American  system  of  municipal  gov- 
ernment up  to  the  end  of  the  nineteenth  century,  it  is  very  evi- 
dent that  the  form  was  not  such  as  could  produce  the  best  re- 
sults. Municipal  government  was  a  complicated  organization 
which,  being  made  up  of  a  conglomerate  mass  of  unrelated 
authorities  of  all  degrees  of  independence,  was  "characterized 
by  hopeless  diffusion  and  confusion,  of  power  and  responsibility, 
legislative  as  well  as  executive,  among  state  legislature,  council,  ' 
mayor  and  well-nigh  independent  administrative  officers  and 
boards. '  '^-'^ 

Indeed,  American  municipal  government  during  the  last 
quarter  of  the  nineteenth  century  fell  far  behind  the  standard  <. 
of  efficiency  that  should  prevail.  Thus,  too  often  tlie  worst  men 
were  put  in  charge  of  the  administration  and  the  best  citizens 
were  repelled  by  the  character  of  the  associations  prevailing  in 
the  city  hall.  At  intervals,  however,  when  mal-administration 
reached  an  intolerable  point,  the  suffering  community  lost  pa- 
tience,   and   spasmodic   movements    for   reform    were    aroused. 

(225) 


226  COMMISSION  AND  MANAGER  PLANS 

With  a  show  of  indignation  and  enthusiasm  a  reform  administra- 
tion was  occasionally  installed.  But  time  and  again  those  who 
started  the  movement  very  soon  realized  the  impossibility  of 
their  task,  because  they  were  hopelesly  handicapped  in  their 
efforts  by  radical  defects  in  the  system  of  government  and 
numerous  adverse  influences.  Moreover,  the  people  were  too 
busy  to  keep  watch  on  the  government  for  any  long  period  and 
too  ready  to  settle  back  into  their  ordinary  state  of  apathy.  As 
a  result,  defeated  bosses,  corrupt  officials,  and  spoilsmen  too 
often  worked  their  way  back  into  power  by  pointing  out  a  few 
of  the  mistakes  and  blunders  made  by  the  inexperienced  reform- 
ers. Again,  a  spirit  of  sectionalism  too  often  dominated  the 
council  of  the  city;  while  the  system  of  ward  representation 
operated  to  encourage  the  councilmen  to  "log-roll"  extravagant 
measures  and  distribute  spoils  for  the  gratification  of  their  con- 
stituencies and  to  the  injury  of  the  community  at  large.  These 
were  the  conditions  responsible  for  the  often  quoted  utterance  of 
James  Bryce  that  "the  government  of  the  cities  is  the  one 
conspicuous  failure  of  the  United  States. ' ' 

That  American  city  government  at  the  end  of  the  nineteenth 
century  was  poorly  organized,  badly  administered,  and  corruptly 
used  is  too  well  known  to  need  any  further  comment  on  what 
may  be  called  the  extra-municipal  stories  of  different  cities, 
picturesque  and  potent  as  these  have  often  been.  This  "con- 
spicuous failure ' ',  however,  did  not  come  about  by  chance.  Nor 
were  the  defects  in  the  mechanism  of  the  government  the  only 
cause  for  this  failure.  Various  other  factors  have  been  pointed 
out  by  writers  and  students  of  government.  For  the  present 
purpose,  however,  only  two  of  these  factors  need  be  mentioned. 

On  the  one  hand,  there  is  the  so-called  personal  interpretation 
of  politics,*^^  which  attributes  failure  in  municipal  government 
to  defects  in  the  character  of  the  people  and  which  specifies  the 
charges  as  follows:  (1)  the  levity  of  the  national  character; 
(2)  the  lack  of  public  spirit ;  (3)  the  vileness  of  local  politicians; 
(4)  the  spirit  of  commercialism;  and  (5)  the  natural  outcome  of 
democracy.^^"  One  writer  even  goes  so  far  as  to  say  that  "the 
people  are  not  very  good,  and  in  many  cases  they  do  not  want 
very  good  government.  At  best  they  want  good  government 
only  now  and  then.    The  citizens  of  our  cities  would  be  very  glad 


SUMMARY  AND  CONCLUSIONS  227 

to  get  something  for  nothing.  They  would  be  glad  to  have  a 
government  that  would  be  good  to  them  as  individuals  and  that 
would  cost  them  nothing  of  time  or  effort  or  money.  "^^' 

The  other  interpretation,  which  has  already  been  suggested 
and  which  since  the  beginning  of  the  present  century  seema 
more  widely  accepted,  is  the  institutional  view;  it  asserts  that 
the  personal  interpretation  is  entirely  inadequate  as  an  explana- 
tion of  the  phenomena,  and  that  the  chief  difficult}^  lies  in  the 
character  of  the  institutions.  Cities  are  what  they  are  because 
of  obstacles  which  would  make  it  difficult  for  any  people  to  be 
well  governed.^^^  Professor  Ford  of  Princeton,  after  an  ex- 
haustive examination  into  the  various  hypotheses  that  have  been 
put  forward  to  account  for  the  failure  of  American  city  govern- 
ment, sums  up  this  view  in  the  following  language : 

The  bad  operation  of  American  municipal  government  is  not  due  to  de- 
fect of  popular  character,  but  to  defect  in  organization  of  government. 
The  organic  defect  lies  in  the  fact  that  the  executive  and  legislative  de- 
partments, in  addition  to  being  separately  constituted,  are  also  discon- 
nected, and  this  very  disconnection  has  prevented  in  practice  the  degree 
of  separation  in  their  functions  which  their  integrity  requires,  a  conse- 
quence precisely  what  Madison  predicted  if  separate  powers  are  not  duly 
connected  in  their  operation.  The  remedy  is  therefore  to  be  found  in 
establishing  a  proper  connection  between  the  executive  and  legislative 
organs  of  government,  so  as  to  make  the  functions  of  administration  and 
control  coextensive.**^ 

The  view  thus  expressed  by  Professor  Ford  has  been  the 
prevailing  view  of  the  general  public  during  the  last  decade ;  and 
the  movement  for  the  commission  form  of  government  and  the 
commission-manager  plan  is  a  striking  manifestation,  of  the 
popular  conviction  that  "failures  in  administration  and  leakages 
in  the  public  treasury  are  due  more  often  to  inefficient  organi- 
zation and  antiquated  methods  than  to  official  dishonesty.  "<^^* 

But  the  commission  form  of  city  government,  or  the  commis- 
sion-manager plan,  was  not  consciously  devised  to  solve  the 
problem  of  municipal  government :  it  was  a  chance  creation  of 
politics.  Prior  to  the  twentieth  century,  city  government  by 
appointed  commissions  had  been  of  frequent  occurrence,  but 
government  by  elected  commissions  was  almost  unknown.  In 
1894  when  the  National  Municipal  League  was  formally  or- 
ganized in  New  York  City  municipal  reformers  did  not  even 


V 


228  COMMISSION  AND  MANAGER  PLANS 

dream  of  that  form  of  city  government;  and  in  the  munieipgil 
program  formulated  and  adopted  by  that  body  in  1899^'**  it 
declared  itself  in  favor  of  what  was  then  considered  as  the  best 
type  of  city  government:  the  federal  plan  as  exemplified  in  the 
charter  of  Brooklyn  and  the  charter  of  Philadelphia.  Indeed, 
the  movement  for  the  concentration  of  power  in  the  hands  of 
the  mayor  at  that  time  was  so  sweeping  that  one  writer  even 
voiced  his  fear  of  the  possibility  that  it  would  degenerate  into  a 
"fad"/'^^ 

Ever  since  the  last  quarter  of  the  nineteenth  century,  the 
problem  of  municipal  government  has  been  constantly  before 
the  minds  of  public-spirited  citizens  as  one  which  must  be  solved, 
and  a  great  deal  of  active  interest  has  been  taken  in  the  subject. 
The  importance  of  the  form  of  government  has  been  recognized, 
and  modification  of  the  city  charter  has  since  become  the  favored 
remedy,  the  purpose  being  to  center  greater  responsibility  and 
power  in  a  few  hands.  Good  government  clubs,  municipal 
leagues,  and  local  improvement  societies  have  been  organized 
everywhere.  City  after  city  has  demanded  a  reform  charter, 
in  the  hope  that  the  evils  of  irresponsible  and  inefficient  gov- 
ernment might  thereby  be  reduced  in  some  measure.  Every- 
where the  reform  movement  of  the  period  has  this  characteristic 
feature :  the  concentration  of  power  and  responsibility  in  the 
hands  of  the  mayor.  ,j 

In  view  of  the  diffused  responsibility  characterizing  the  system 
of  American  city  government  previous  to  this  period  the  policy 
then  adopted  by  the  municipal  reformers  represented  a  natural 
reaction.  The  remedy  suggested  and  looked  for  was  logically 
the  abolition  of  the  old  system  which  "provided  a  separate  and 
independent  board  or  officer  for  each  of  the  city  departments, 
and  gave  the  council  the  means  of  doing  mischief  with  very 
little  opportunity  for  doing  anything  good.  "^'*''  By  concen- 
trating authority  and  executive  power  in  the  hands  of  the  mayor 
it  was  hoped  that  popular  attention  could  be  easily  fixed  upon 
one  man  instead  of  being  distributed  among  scores  of  inde- 
pendent departmental  heads,  and  consequently  greater  amena- 
bility to  popular  control  would  be  possible  than  otherwise  could 
be  secured.^-*^     But  the  idea  of  radically  departing  from  the 


SUMMARY  AND  CONCLUSIONS  229 

traditional  concepts  with  reference  to  city  government  and  of 
putting  the  municipal  government  entirely  in  the  hands  of  a 
commission  of  a  few  men,  except  in  cases  of  emergency,  was 
never  suggested  by  municipal  refonners  of  the  nineteenth 
century. 

It  was  not  until  1901,  after  the  Galveston  flood,  that  elected 
commissioners  made  their  appearance  in.  the  municipal  history 
of  the  country.  But  even  then  this  new  form  was  not  regarded 
as  affording  a  new  frame  of  city  government  which  could  be  ex- 
tended to,  and  adopted  by,  cities  throughout  the  country.  It  was 
only  after  wonderful  results  were  reported  to  have  been  ac- 
complished in  Galveston,  under  the  new  form  and  after  the  in- 
ception of  the  Des  Moines  plan  with  all  the  popular  forms  of 
institutional  democracy,  that  the  commission  form  of  city  gov- 
ernment became  widely  popular.  City  after  city  has  followed 
the  example  of  Galveston  and  Des  Moines,  until  at  the  present 
time  there  are  over  four  hundred  cities  throughout  the  country 
operating  under  one  type  or  another  of  the  commission  form  of 
government.  .  ^ 

With  few  exceptions  cities  operating  under  this  new  form  of  \ 
government  are  claimed  to  have  accomplished  results  deemed  \ 
impossible  under  the  old  plan:  politics  have  been  eliminated, 
ward  lines  abolished,  authority  centralized,  responsibility  fixed, 
and  efficient  methods  employed.  These  are  simply  a  few  of  the 
many  beneficial  results  claimed  for  the  new  plan.*'^^  Numerous 
articles,  pamphlets,  and  books  on  the  commission  form  of  city 
government  have  been  written,  and  in  most  of  them  undue 
emphasis  has  been  put  on  the  activities  along  the  line  of  works 
in  municipal  improvement,  the  lowering  of  tax  rates,  and  the 
like.  By  some  advocates  the  relation  of  cause  and  effect  has  been 
accepted  as  conclusively  proved,  the  commission  form  being  the 
main  cause  and  municipal  improvements  or  lower  tax  rates  the 
effect  of  the  city  betterment  movement.  To  others  who  are  not 
so  enthusiastic  about  the  new  form  of  government  as  are  its 
ardent  advocates,  the  adoption  of  a  new  form  of  charter  has  been 
one  of  the  effects  and  not  the  cause  of  an  awakened  civic  spirit. 
"Every  new  plan  works  well  for  a  time,  because  the  movement 
for  reform  from  which  it  springs  brings  good  men  to  the  front 


230  COMMISSION  AND  MANAGER  PLANS 

and  places  power  in  their  hands.  The  real  test  comes  in  later 
years  when  the  momentum  is  exhausted,  and  the  moral  enthu- 
siasm of  the  dawn  has  faded  into  the  light  of  common  day. '  '^^^ 

Recently  the  number  of  cities  adopting  the  commission  form 
has  been  very  small.  "With  the  advent  of  the  city-manager  plan 
the  commission  form  has  been  regarded  as  relatively  antiquated. 
The  early  enthusiasm  has  cooled,  and  public  interest  in  the 
novelty  of  the  plan  has  been  diverted  to  a  still  newer  form  of 
government.  So  far  as  the  commission  form  is  concerned  at  the 
present  time,  the  momentum  is  apparently  exhausted.  More- 
over, important  departures  from  the  orthodox  type  of  the  city- 
manager  plan,  such  as  the  increase  in  the  number  of  commission- 
ers, and  the  incorporation  of  the  systems  of  preferential  voting 
and  proportional  representation,  have  been  adopted  and  prac- 
ticed in  some  cities.  Indeed,  American  cities  show  little  hesi- 
tation in  making  important  changes  in  their  efforts  to  secure 
better  adjustments. 

While  there  may  be  objection  to  such  apparent  vacillation  on 
the  ground  that  it  may  subject  municipal  reformers  to  the 
suspicion  of  not  knowing  their  own  minds,^^^  it  is  believed  to  be 
the  most  hopeful  feature  of  current  American  politics.  The 
people  acknowledge  their  failure  in  city  government,  and  they 
are  earnestly  seeking  remedies.  But  from  the  very  nature  of  the 
problem  it  is  difficult  for  municipal  reformers  to  decide  for 
themselves  or  make  clear  to  the  public  in  general  what  these 
remedies  should  be;  nor  is  it  possible  for  them  to  agree  on  any 
single  scheme.  It  is  not  improbable  that  the  commission  form 
and  city-manager  plan  are  not  the  last  and  permanent  form  of 
American  city  government.  A  great  many  plans  and  forms 
must  be  tried  and  tested  before  the  final  word  can  be  said:  the 
fittest  form  will  survive  after  years  of  experimental  selection. 

With  the  number  of  cities"^^  aggregating  about  three  thou- 
sand and  with  the  people  always  on  the  lookout  for  political  in- 
novations, America  offers  the  best  field  in  the  world  for  municipal 
experimentation.  Small  governmental  areas  like  cities  are,  by 
their  very  nature,  fit  places  in  which  to  try  innovations  in  the 
machinery  of  government.  To  experiment  with  Congress  would 
be  to  jeopardize  the  whole  nation ;  to  experiment  with  the  State 


SUMMARY  AND  CONCLUSIONS  231 

legislature  would  be  to  subject  the  entire  Commonwealth  to 
uncertainty;  but  experiments  in  municipal  government  affect 
only  a  small  fraction  of  the  people  and  the  actual  situation  is 
not  aggravated.  At  the  same  time,  successful  experiments  in 
reform  may  extend  from  city  to  city  and  may  even  proceed  to 
State  and  national  adoption.  This  is  a  hopeful  feature  of 
American  politics. 

Turning  now  to  the  actual  accomplishments  under  the  com- 
mission form  and  the  city-manager  plan,  it  is  evident  that  tem- 
porary improvements  have  been  followed  by  a  change  to  the  new 
form  in  most  cases;  and  in  certain  cities  permanent  improve- 
ments have  resulted  from  doing  away  with  the  anomalies  and 
complexities  of  earlier  charters.  But  the  actual  success  of  the 
new  plans  can  not  be  definitely  and  easily  ascertained.  To 
attempt  a  general  survey  of  municipal  administration  under  the 
new  forms  compared  with  that  under  the  old  plan  is  hardly 
possible  because  of  the  inadequate  data  available  for  such  a 
study.  Municipal  conditions  existing  prior  to  the  adoption  of 
the  new  form  can  not  be  compared  with  those  existing  after  the 
adoption,  since  the  standards  in  accordance  with  which  the  rec- 
ords are  kept  are  different  under  the  two  regimes.  The  reor- 
ganization of  departments,  and  the  greatly  altered  methods  of 
municipal  bookkeeping  which  have  come  into  being  with  the  new 
framework  of  government  make  it  very  difficult  to  determine  to 
what  extent  any  city  has  gained  in  its  passage  from  the  old 
regime  to  the  new.  And  the  published  claims  of  the  achieve- 
ments in  different  cities  made  under  the  new  plan  of  govern- 
ment have  almost  without  exception  emanated  from  the  officials 
in  charge;  and  to  attempt  a  general  verification  of  these  claims 
would  have  required  prohibitively  costly  and  extensive  investi- 
gation.. 

An  accurate  estimate  of  the  actual  success  of  the  commission 
form  or  the  commission-manager  plan  is  rendered  stUl  more 
difficult  by  the  fact  that  it  is  well-nigh  impossible  to  disentangle 
the  improvements  under  the  new  form  coming  from  the  mere 
change  of  governmental  organization,  from  those  resulting  from 
the  awakening  of  civic  consciousness.  In  pointing  out  the  re- 
sults which  have  come  from  the  commission  form  or  the  commis- 
sion-manager plan,  the  advocates  usually  fail  to  take  any  account 


232  COMMISSION  AND  MANAGER  PLANS 

of  the  growth  of  public  sentiment  demanding  better  government 
and  compelling  the  choice  of  better  men.  Since  government  is 
carried  on  not  by  charters  or  laws,  but  by  men,  upon  the  govern- 
ing body  depends  the  success  or  the  failure  of  the  plan.  Any 
account  of  the  successful  operation  of  the  new  plan  without 
taking  into  consideration  the  men,  from  the  magistrate  to  the 
humblest  electors,  who  carry  on  and  direct  the  machinery  of 
government,  is  certainly  worth  very  little. 

"While  officials  may  be  handicapped  by  an  ill-drafted  and 
unworkable  system,  an.  excellent  system  may  also  be  manipulated 
by  corrupt  officials.  Thus,  despite  the  large  group  of  municipal 
reformers  who  maintain  that  given  a  proper  charter  everything 
else  will  take  care  of  itself — methods,  men,  and  results — it  is  still 
the  concensus  of  opinion  among  the  authorities  and  publicists 
that  man,  if  not  more  important,  is  at  least  of  as  much  impor- 
tance as  the  system.  Judge  Dillon  maintained  that  "no  munici- 
pal constitution  and  no  municipal  mechanism  will  necessarily 
insure  good  municipal  government.  "Whether  the  essential  pow- 
ers of  a  municipality,  as  in  England,  are  in  an,  elective  council, 
which  elects  its  mayor  and  appoints  its  standing  committees 
which  oversee  the  various  administrative  departments,  or,  as  in 
New  York,  where  the  substantial  powers  are  in  an  autocratic 
mayor  and  in  elective  commissioners,  and  where  the  authority 
of  the  legislative  branch  is  so  curtailed  as  to  leave  that  body 
almost  a  phantom,  it  depends  almost  wholly  upon  something 
else  than  forms  of  organization  whether  there  will  result  good 
municipal  rule.  That  indispensable  something  else  is  what  may 
be  called  Civic  Patriotism. '  '^^^ 

"The  cultivation  and  practice  of  civic  patriotism",  he  con- 
tinued, "are  therefore  among  the  chief  est  duties  of  American 
citizenship.  By  civic  patriotism  is  meant  the  feeling  and  the 
taking  of  a  deep,  unselfish,  earnest,  ever-wakeful,  active  interest 
in  the  affairs  of  one's  own  city  or  local  community,  regarding  it 
as  having  an  automony,  a  distinct  personality,  a  name  and  inter- 
ests of  its  own,  and,  if  one  pleases,  endowed  with  a  sense  of 
personal  honor  and  with  all  laudable  ambitions  for  the  pro- 
motion of  the  welfare  of  its  people.  WHiere  such  civic  virtues 
exist,  the  local  community  will  neither  suffer  from  the  dry-rot 


SUMIklARY  AND  CONCLUSIONS  233 

of  public  indifference  and  neglect  nor  become  tainted  with  'graft' 
or  corruption.  Its  life  will  be  beautiful,  and  like  the  ocean  will 
be  kept  pure  by  its  own  ceaseless  flow  and  movement. '  '"^^ 

To  the  same  effect  are  the  words  of  Professor  Taussig  of 
Harvard,  who  uses  the  following  significant  and  forcible  lan- 
guage : 

We  in  the  United  States  have  still  to  learn  how  to  get  common  honesty 
and  faithful  routine.  Antiquated  political  institutions,  excess  of  elected 
officials,  lack  of  concentrated  responsibility, — all  these  explain  a  good  deal, 
and  improvement  in  these  matters  of  political  machinery  promises  a  good 
deal.  But  at  bottom  we  have  to  depend  on  the  stuff  of  the  people.  A  good 
electorate  will  choose  honest  and  capable  officials,  a  debased  or  indifferent 
one  will  tolerate  demagogues  and  thieves.  The  traditional  method  of  com- 
mittee administration  and  scattered  responsibility  has  often  been  held 
accountable  for  the  evils  of  municipal  government  in  the  United  States.  No 
doubt  it  has  had  ill  effects.  But  it  is  striking  that  a  very  similar  system 
in  Great  Britain  has  not  stood  in  the  way  of  honest  and  efficient  ad- 
ministration. Eeform  in  the  machinery  of  municipal  government  will  avail 
little  unless  the  right  persons  are  chosen  to  run  the  machinery.  From  this 
elemental  requisite  there  is  no  escape.*" 

The  mere  fact  that  the  commission  plan  and  the  city-manager 
plan  have  been  established  in  over  four  hundred  cities  within  the 
last  decade  is  a  clear  indication  of  the  so-called  awakened  civic 
patriotism.  The  character  of  government  is  nothing  but  a  re- 
flection of  the  intelligence  of  the  voters  and  the  amount  of  in- 
terest which  is  felt  by  them  in  public  affairs.  In  case  there  is 
lack  of  such  intelligence  and  interest  on  the  part  of  the  voters, 
the  dishonesty  and  ignorance  which  will  be  manifested  in  the 
conduct  of  public  affairs  can  not  be  lessened  by  any  means. 
Legislation  is  powerless  and  ineffective  in  such  a  case,  and  the 
defects  and  abuses  in  the  government  can  never  be  reformed 
unless  the  people  on  the  whole  have  intelligence  and  an  interest 
in  participating  in  governmental  affairs.  It  will  make  but  little 
difference  what  may  be  the  laws  governing  the  terms  of  office,  or 
the  methods  of  selecting  the  officials,  or  the  powers  vested  in  this 
or  that  official,  so  long  as  the  people  themselves  are  satisfied  to 
be  governed  by  ignorant  and  dishonest  officials.  It  is  only  when 
there  is  an  ''awakened,  vitalized  and  actively  operating  public 
opinion"  that  the  mechanism  or  system  of  government  has  any 
bearing  on  the  administrative  results.  Professor  McBain  of 
Columbia  has  this  idea  in  mind  when  he  says : 


234  COMMISSION  AND  MANAGER  PLANS 

I  am  inclined  to  believe  that  had  the  commission  or  the  city-manager 
type  of  government  been  established  a  generation  or  so  ago  it  would  have 
been  a  dismal  failure.  In  an  atmosphere  of  public  indifference,  of  in- 
activity, of  lack  of  heart  or  of  interest,  it  would  have  lent  itself  admirably 
to  the  machinations  of  professional  politicians  and  spoilsmen.  We  should 
hesitate  to  give  to  the  genius  of  a  designer  credit  that  is  in  fact  due  to  a 
new  motive  force — in  this  case  to  an  awakened,  vitalized,  and  actively 
operating  public  opinion.*'^ 

Assuming  the  reasoning  in  the  above  quotation  to  be  correct 
and  that  the  spread  of  the  commission  plan  and  the  city-man- 
ager plan  was  due  to  the  awakening  of  civic  consciousness,  the 
next  logical  inquiry  is  concerning  the  extent  to  which  the  new 
system  has  facilitated  the  realization  of  the  best  possible  govern- 
ment. The  sponsors  of  the  commission  plan  declare  that  the 
advantages  of  that  plan  are:  (1)  that  it  concentrates  respon- 
sibility; (2)  that  it  makes  business  methods  possible  in  city  ad- 
ministration; (3)  that  it  reduces  administrative  friction  and 
delay;  and  (4)  that  it  improves  the  quality  of  municipal  offi- 
eers.^^'' 

Again  people  were  assured  when  the  city-manager  plan  came 
into  existence  that  this  scheme  would  secure,  in  addition  to  the 
benefits  possible  under  the  commission  plan,  two  other  important 
advantages,  that  is,  administration  by  experts  and  separation  of 
the  policy-determining  function  from  that  of  policy-executing. 
It  is  worth  while,  then,  to  determine  to  what  extent  these  various 
claims  have  been  sustained  in  the  actual  operation  of  the  new 
plans. 

The  first  of  these  advantages  is  said  to  be  the  concentration  of 
responsibility.  "What  modern  municipalities  need,  especially 
in  America,  is  a  regime  in  which,  without  hesitation,  without 
study,  without  lawyers'  or  experts'  opinions,  the  humblest 
laborer  can  tell  who  is  responsible  for  any  defect  he  may  discover 
in  the  police  of  the  streets,  in  the  education  of  his  children,  or 
in  the  use  and  mode  of  taxation.  "^^^  That  such  a  regime  has 
been  secured  under  the  commission  form  is  beyond  doubt.  In- 
stead of  "that  intolerable  scattering  of  powers,  duties,  and 
responsibilities  which  the  old  type  of  city  government  promoted 
to  the  point  of  absurdity '  '^^^  there  is  under  the  commission  plan 
"conspicuous  responsibility  and  hence  accountability  of  all 
elective  officials  to  the  people."    This  conspicuous  responsibility 


SUMMARY  AND  CONCLUSIONS  235 

is  recognized  as  resting  on  a  single  authority — the  commission 
or  council  as  the  case  may  be ;  and  experience  has  shown  that  the 
people  of  a  municipality  are  better  able  to  select  and  to 
hold  responsible  one  ruling  authority  than  several. 

As  a  corollary  to  this  claim  it  is  asserted  that  there  would  be 
less  administrative  friction  and  delay  under  a  commission  of 
five  members  than  under  a  larger  body.  "The  history  of  large 
councils  is  in  general  little  more  than  a  record  of  political 
maneuvering  and  frictional  intriguery,  with  a  mastery  of 
nothing  but  the  art  of  wasting  time  and  money.  A  council  of 
some  half-dozen  men  offers  at  least  the  possibility  of  despatch 
in  the  handling  of  city  affairs;  for  its  small  size  removes  an 
incentive  to  fruitless  debate,  and  affords  little  opportunity  for 
resort  to  those  subterfuges  in  procedure  which  serve  mainly  to 
create  needless  friction  and  delay.  "^^^ 

But  the  case  is  entirely  different  with  the  claim  that  the  com- 
mission plan  means  the  introduction  of  business  methods  into 
city  administration.  On  the  whole,  the  commission  form  of 
government  has  failed  in  this  respect.  To  be  sure,  efficient  in- 
ternal administration  is  something  which  "no  charter  can  as- 
sure, though  it  can  do  much,  if  its  administrative  provisions  are 
properly  framed,  to  make  good  results  possible.  To  establish 
an  elective  commission  or  a  city  manager  is  not  in  itself  enough 
to  guarantee  that  the  city's  business  will  be  conducted  properly, 
although  many  persons  seem  to  have  imagined  so."^®^  Efficient 
city  government  depends  as  much  on  a  simplified  organization 
as  on  proper  administrative  machinery ;  but  the  introduction  of 
a  simplified  organization  does  not  necessarily  involve  the  auto- 
matic introduction  of  efficient,  business-like  administrative  meth- 
ods. On  the  contrary,  most  commission  charters  and  statutes 
are  especially  weak  and  defective  in  the  sections  relating  to 
administrative  matters. '^"^  In  some  extreme  cases  the  commission 
charter  even  follows  literally  the  old  charter  which  it  super- 
seded, with  the  single  exception  that  it  reduces  the  number  of 
council  members  and  makes  them  heads  of  administrative 
departments,  elected  at  large.  The  charter  of  New  Orleans  is  a 
conspicuous  example  of  this  class. '^' 


236  COMMISSION  AND  MANAGER  PLANS 

As  a  rule,  most  commission  charters  and  statutes  are  con- 
cerned more  with  the  political  than  with  the  administrative  side 
of  the  city  government.  From  the  analysis  of  these  charters 
and  statutes  it  is  evident  that  the  framers  bestowed  much  care  up- 
on such  provisions  as  the  methods  of  nomination,  the  primary 
election,  the  forms  of  ballot;' [the  number  of  commissioners  and 
the  assignment  of  functions  among  them,  direct  legislation  and 
the  recall;  but  scanty  attention  is  given  to  the  various  detailed 
provisions  which  would  be  instrumental  in  bringing  the  business 
methods  of  the  city  up  to  the  level  of  those  of  the  best  private 
business  corporations.  Provisions  for  scientific  budget-making, 
modem  methods  of  accounting  and  reporting,  of  purchasing  and 
storekeeping,  and  scores  of  other  matters,  which  are  of  im- 
perative consequence  in  creating  efficient  city  administration, 
find  scanty  attention  or  no  place  in  these  new  charters — with  the 
exception  of  those  of  Dayton  and  a  few  other  cities.  It  seems 
rather  strange  and  contradictory  that  when  the  sponsors  of  the 
commission  plan  declared  that  the  commission  form  was  avow- 
edly patterned  on  the  organization  of  private  business  concerns, 
and  that  the  introduction  of  this  system  meant  the  introduction 
of  modern  business  methods,  the  framers  of  charters  failed  to 
avail  themselves  of  the  established  methods  which  are  in  opera- 
tion in  any  private  business  establishment. 

To  be  sure,  it  is  possible  to  introduce  business  methods  under 
the  commission  form ;  but  they  are  no  more  and  no  less  possible 
under  the  commission  form  than  under  any  other  type  of  organi- 
zation. The  inadequate  provisions  dealing  with  administrative 
details  in  the  commission  charters  and  statutes  is  certainly  the 
chief  defect  which  accounts  for  the  failure  in  some  cities  where 
the  plan  is  tried.  On  the  other  hand,  cities  having  availed 
themselves  of  efficient  business  methods,  but  which  are  still  under 
the  old  council-and-mayor  plan  or  the  federal  plan  of  govern- 
ment, have  achieved  far  better  results  than  in  most  of  the  com- 
mission-governed cities.  The  administration  in  New  York  City, 
as  a  result  of  the  establishment  of  the  municipal  research  bureau 
and  the  introduction  of  various  up-to-date  administrative  meth- 
ods, has  improved  during  the  past  decade  to  an  extent  excelling 
the   achievements   in   all  the  commission-governed   cities   com- 


SUMMARY  AND  CONCLUSIONS  237 

bined;^®^  and  the  results  in  other  cities  where  efficient  business 
methods  have  been  introduced  are  equally  significant.  Thus,  as 
Professor  Munro  says,  "if  essentials  are  looked  after,  the  exact 
type  of  charter  does  not  matter. '  '^^^ 

Concentration  of  authority  and  responsibility  and  the  intro- 
duction of  efficient  business  methods,  important  as  these  features 
may  be,  become  less  significant  when  the  personal  equation  in 
municipal  employment  is  considered.  As  has  already  been 
pointed  out,  government  is  carried  on  not  by  charters  or  laws, 
but  by  men ;  therefore,  the  inquiry  as  to  whether  the  new  system 
attracts  more  competent  and  better  men  than  the  old  system 
becomes  very  important.  At  the  very  outset  when  the  agitation 
for  the  adoption  of  the  commission  form  took  definite  shape,  the 
sponsors  of  the  plan  strongly  and  unequivocally  assured  the 
public  that  the  new  plan  would  attract  better  men.  It  was 
asserted  that  "the  distinction  which  attaches  to  the  commis- 
sioner's office,  together  with  the  consciousness  that  due  credit 
for  individual  achievement  will  not  be  unnoticed,  gives  to  the 
position  an  attractiveness  which  is  all  the  more  effective  because 
allegiance  to  the  ward  machine  is  not  necessary  to  obtain  it."*** 
This  sounds  very  reasonable  in  theory,  but  is  not  sustained  by 
the  actual  experience  of  the  commission-governed  cities. 

An  examination  of  the  make-up  of  the  commissions  will  reveal 
the  fact  that  in  many  cases  a  majority  of  the  commissioners  are 
either  of  the  old  type  of  councillors,  or  are  men  who  held  some 
sort  of  office  under  the  old  regime.  Professor  Munro  has  ex- 
amined the  make-up  of  ten  commissions  or  the  record  of  fifty 
commissioners,  and  has  found  that  thirty-seven  of  these  fifty,  or 
seventy  percent  of  the  new  officials,  have  had  connection  of  one 
sort  or  another  with  the  city  administration  under  the  old 
plan.^*''  Again,  Professor  Shambaugh  made  the  following  sig- 
nificant statement  with  reference  to  the  working  of  the  Des 
Moines  plan  in  Iowa  : 

Perhaps  the  greatest  disappointment  in  the  workings  of  the  Des  Moines 
Plan  in  Iowa  is  in  the  selection  of  the  members  of  the  Council,  for  it  is  a 
fact  that  the  elections  have  not  resulted  in  the  selection  of  really  capable 
and  efficient  men.  To  be  sure  the  commission  councils  have  thus  far 
seemed  to  average  higher  and  better  all  around  than  the  councils  under  the 
old  organizations;  but  the  new  plan  by  placing  greater  responsibility  upoo 


238  COMMISSION  AND  MANAGER  PLANS 

the  elective  officers  requires  a  correspondingly  higher  grade  of  competency. 
To  the  observer  it  would  appear  that  neither  the  electorate  nor  the  council 
are  sufficiently  impressed  with  the  great  necessity  of  efficiency  in  the 
Belection  of  men  for  public  positions.  Nor  has  the  best  talent  thus  far 
been  attracted  to  the  elective  positions."' 

These  statements  indicate  that  the  introduction  of  the  new 
plan  does  not  bring  about  a  material  change  in  the  personnel  of 
the  government.  But  at  the  same  time  it  should  not  be  forgotten 
that,  thanks  to  the  simplification  of  governmental  machinery 
and  the  concentration  of  authority  and  responsibility,  the  same 
type  of  men  can  achieve  better  results  under  the  new  plan  than 
under  the  old  regime,  where  the  officials  were  hopelessly  handi- 
capped by  various  checks  and  balances. 

On  the  whole,  it  may  be  safely  said  that  the  commission  plan 
has  achieved  something,  mainly  along  the  line  of  securing  gov- 
ernmental machinery  which  the  people  can  understand  and  of 
concentrating  authority  and  responsibility  in  a  few  persons 
whom  the  people  can  put  their  hands  on  when  anything  goes 
wrong  in  the  government. 

Turning  now  to  the  city-manager  plan  it  will  be  observed  that 
it  attempts  to  interfere  with  or  alter  none  of  the  legal  or  political 
characteristics  of  the  commission  plan.  What  this  newer  innova- 
tion attempts  is  to  carry  to  its  logical  conclusion  the  idea  of 
centralization  which  the  commission  system  has  laid  down.  The 
commission  form  has  given  the  people  a  simplified,  centralized 
form  of  government,  so  far  as  it  goes.  But  it  has  failed  to  apply 
the  idea  of  centralization  to  administration,  and  consequently 
administrative  friction  and  delay,  though  greatly  reduced,  is 
not  completely  eliminated  under  this  form  of  five-headed  govern- 
ment. Furthermore,  the  commission  form  has  been  rightly  ob- 
jected to  in.  various  quarters  because  of  the  danger  of  concen- 
trating in  the  hands  of  the  same  body  the  power  of  both  making 
the  ordinances  and  executing  them;  and  of  imposing  taxes, 
appropriating  money,  and  making  expenditures. 

As  a  remedy  for  these  shortcomings  in,  the  commission  plan, 
steps  have  been  taken  in  a  number  of  cities  to  adopt  the  city- 
manager  plan,  which  attempts  to  separate  the  function  of  repre- 
sentation or  policy-determining  from  the  pure  administrative  or 
policy-executing  function,  not  by  a  return  to  the  old  system 


SUMMARY  AND  CONCLUSIONS  239 

of  separation  of  power,  but  by  retaining  the  unity  of  power  in  the 
hands  of  a  small  representative  body  which  carries  out  its  orders 
through  a  strong,  unified,  harmonious  administrative  organiza- 
tion under  an,  appointed  and  controlled  but  expert  manager. 
Thus,  it  is  claimed  that  the  advantages  of  this  new  plan,  in 
addition  to  those  secured  under  the  commission  form,  are  the 
separation  of  policy-determining  and  policy-executing  functions 
and  the  introduction  of  expert  administration. 

In  any  political  action  there  must  be  first  the  formulation  of 
the  will,  and  then  the  execution  of  the  will  thus  formulated.  As 
President  Goodnow  weU  states:  "The  will  of  the  state  or 
sovereign  must  be  made  up  and  formulated  before  political 
action  can  be  had.  The  will  of  the  state  or  sovereign  must  be 
executed,  after  it  has  been  formulated,  if  that  will  is  to  result  in 
governmental  action."**^  These  functions  of  formulating  and 
executing  the  will  are  respectively  known  as  policy-determining 
and  policy-executing,  or  legislation  and  execution,  or  more 
properly,  administration.  Now,  this  principle  formulated  with 
special  reference  to  national  or  State  governments,  or  rather  to 
government  in  general,  is  equally  applicable  to  the  government 
of  the  city.  But  it  often  happens  that  prominent  writers,  after 
an  examination  of  the  activities  of  municipal  authorities,  come 
to  the  conclusion  that  the  work  of  governing  a  city  involves  but 
little  true  legislation.  They  claim,  on  the  other  hand,  that  it  is 
primarily  administration.  A  no  less  distinguished  scholar  and 
authority  than  Charles  W.  Eliot,  President  Emeritus  of  Har- 
vard University,  says :  ' '  Municipal  government  is  pure  business 
and  nothing  else — absolutely  nothing  else."«~^  This  has  been  the 
idea  upon  which  the  commission  government  movement  has  been 
based. 

But  it  does  not  take  long  to  convince  students  of  government 
and  municipal  reformers  that  municipal  government  is  some- 
thing more  than  business.  The  questions  that  touch  the  people 
oftenest  and  closest  in  their  personal  relations  are  questions  of 
municipal  government  ;^^^  and  city  ordinances  interfere  more 
with  individual  freedom  and  action  than  any  other  body  of  laws. 
Thus  municipal  government  is  government  in  just  the  same 
sense  that  State  government  is  government.     Such  being  the 


240  COMMISSION  AND  MANAGER  PLANS 

case,  there  must  be  in  municipal  government  as  well  as  in  State 
government  two  separate  and  different  functions. 

Not  only  are  the  two  functions  of  an  entirely  different  nature, 
but  the  performance  of  these  two  functions,  due  to  the  com- 
plexity of  political  organization,  must  be  entrusted  to  two  sepa- 
rate governmental  organs.  But  in  actual  operation,  these  two 
separately  constituted  governmental  organs  carrying  two  differ- 
ent functions,  legislation  and  administration,  can  not  be  dis- 
connected as  under  the  old  system  of  city  government,  in  which 
the  disconnection  between  the  legislative  and  executive  depart- 
ments prevented  the  proper  separation  and  coordination  of  their 
functions.  "No  political  organization,  based  on  the  general 
theory  of  a  differentiation  of  governmental  functions,  has  ever 
been  established  which  assigns  the  function  of  expressing  the 
will  of  the  state  exclusively  to  any  one  of  the  organs  for  which 
it  makes  provision.  "^''^ 

Legislation  and  administration,  due  to  the  very  nature  of 
these  functions,  can  hardly  be  differentiated.  If  legislation  is 
defined  as  "the  laying  down  of  general  principles  and  rules  of 
conduct",  and  administration  as  "their  application  to  specific 
cases",  there  is  practically  no  line  of  demarcation  between  the 
general  and  specific.^''^  The  legislative  body  may  enact  the 
ordinances  in  a  general  and  broad  way  and  leave  it  to  the 
executive  body  to  work  out  the  details;  or  it  may  choose  to  lay 
down  the  law  in  such  specific  and  minute  details  that  the  admin- 
istrative agency  has  no  discretionary  power  whatever.  Both 
experience  and  theory  show  that  it  is  impossible  to  mark  off 
rigidly  the  respective  sphere  of  action,  and  to  make  the  one  body 
independent  of  the  other.    Mr.  Durand  has  well  said : 

In  the  decision  of  most  municipal  questions  sound  business  judgment 
and  deliberation  and  technical  training  and  knowledge  are  all  alike  desir- 
able. Harmonious  cooperation  between  legislative  and  executive  is  shown 
by  the  success  of  the  cabinet  system  to  be  highly  advantageous  in  promot- 
ing efl&ciency  of  national  government,  and  it  is  still  more  useful  in  the 
city.  The  German  city  organization  shows  us  what  can  be  accomplished 
by  such  a  union."" 

Now,  the  city-manager  plan  has  for  its  basic  principle  this 
harmonious  cooperation  between  the  legislative  and  executive 
branch  of  government.     Under  it  there  is  a  close  union  rather 


SUMMARY  AND  CONCLUSIONS  241 

than  a  separation  of  these  two  authorities.  The  council  or  com- 
mission, that  is,  the  legislative  branch  of  the  government  is 
made  supreme ;  it  chooses  and  controls  the  executive — the  man- 
ager— while  at  the  same  time  seeking  his  advice  and  leadership. 
The  council  holds  the  manager  responsible  for  the  details  of 
administrative  work ;  and  the  people  hold  the  council  responsible 
for  the  results  of  the  entire  administration.  The  policy-de- 
termining and  policy-executing  authorities  are  separately  con- 
stituted, but  they  are  connected  by  subordinating  the  policy- 
executing  authority  to  the  policy-determining. 

This  very  subordination  of  the  city-manager  to  the  commission 
has  led  one  prominent  writer  on  the  subject  to  declare  that  the 
city-manager  plan  does  not  of  necessity  involve  a  separation  of 
policy-determining  and  policy-executing  functions,  nor  does  it 
of  necessity  result  in  administration  by  experts.  According  to 
this  writer  the  "degree  of  separation  and  the  degree  of  ex- 
pertness  that  result  must  be  ascribed  not  to  anything  that 
inheres  in  the  form  of  government  but  to  the  practice  under  that 
form  as  it  has  developed  under  the  compelling  force  of  en- 
lightened public  opinion.  "^''^  This  line  of  reasoning  is  war- 
ranted by  the  experience  of  some  cities,  and  is  especially  sig- 
nificant when  it  comes  from  the  pen  of  such  an  authority  as  Pro- 
fessor Howard  L.  McBain. 

The  same  writer  further  asserts  that  the  commission  plan  and 
the  city-manager  plan,  while  differing  in  the  respects  already 
noted,  resemble  each  other  because  in  the  last  analysis  the  com- 
mission or  council  is  the  government  in  both  cases.  In  the 
city-manager  plan  the  council  or  commission  which  has  the  ul- 
timate power  of  decision  is  composed  not  of  professional  experts, 
but  of  ordinary  members  of  society  at  large.  Business  men, 
manufacturers,  and  persons  in  various  walks  of  life  may  be 
members  of  the  council,  provided  they  are  chosen  by  the  elec- 
torate. Acting  together  in  the  council,  they  decide  the  affairs 
of  the  city.  They  may  listen  to  and  follow  the  advice  of  the 
city-manager  who  is  an  expert,  but  it  is  they  who  actually  de- 
cide ;  and  further,  by  controlling  the  tenure  of  the  manager,  they 
may  actually  control  the  administration. 


242  COMMISSION  AND  MANAGER  PLANS 

To  be  sure,  any  kind  of  government,  no  matter  how  perfect 
it  is  in  form,  depends  for  its  success  upon  the  capacity  and  loy- 
alty of  those  who  have  a  part  in  the  work  of  governing.  In  a 
city  that  elects  machine-controlled  political  puppets  to  office  any 
form  of  government  will  break  down  in  actual  operation,  to  say 
nothing  about  the  experimental  commission  or  city-manager 
plans.  Again,  the  character  of  the  governing  body  depends  on 
the  character  of  the  electorate.  A  corrupt  and  ignorant  elector- 
ate can  never  elect  honest  and  competent  officials.  Thus,  the 
first  requisite  of  any  reform  movement  is  the  public  spirit, 
intelligence,  and  independence  of  the  voters.  The  very  move- 
ment for  the  commission  plan  and  the  city-meager  plan  can 
indicate  nothing  but  a  change  of  attitude  on  the  part  of  the  gen- 
eral public  towards  municipal  questions,  which  is  a  very  hopeful 
sign.  y^Me  reforms  in  the  mechanism  of  government  do  not 
necessarily  create  public  spirit,  intelligence,  and  independence 
in  the  voters,  they  have  given  these  qualities  an  advantage 
which  they  have  never  before  possessed.  From  this  point  of 
view,  high  commendation  of  the  virtues  of  the  commission  plan 
and  the  city-manager  plan  is  justifiable  as  a  "means  for  keep- 
ing public  opinion  upon  its  mettle";  but  in  so  doing,  care  must 
be  taken  that  such  laudation  may  not  result  "in  convincing  a 
busy  and  not  exacting  people  that  here  at  last,  after  all  the 
futile  searching  of  the  years,  they  have  come  upon  their  long 
sought  El  Dorado — a  super-government,  a  government  so  per- 
fect in  type  that  they  can  wind  it  up  at  periodical  elections  and, 
with  supreme  confidence  in  its  ability  to  run  itself,  turn  their 
attention  to  other  things  ".^''^ 


NOTES  AND  REFERENCES 

CHAPTER  I 

1  Toulmin  's  The  City  Manager,  p.  6. 

2  Sparks 's  The  Business  of  Government:  Municipal,  p.  1.  Mr.  Edward 
A.  Fitzpatrick,  in  a  short  article  entitled  What  is  Civic  Education?,  re- 
marked that  "from  every  standpoint  of  life  and  of  our  education  the  city 
is  the  fundamental  phase  of  government.  It  is  a  phase  of  government 
with  which  every  individual  comes  in  direct  contact.  It  is  the  only  phase 
of  government  in  which  civic  education  can  be  said  to  deal  with  the 
commiinity  life.  The  state  is  not  a  community,  nor  is  the  nation  in  any 
genuine  sense  of  these  terms.  The  state  or  nation  are  merely  more  or  less 
artificial  things  compared  to  the  city.  They  are  merely  the  over-head 
charges  of  the  city  government." — National  Municipal  Beview,  Vol.  V, 
p.  278. 

3  Cited  in  Woodruff's  Charter-making  in  America  in  the  Atlantic 
Monthly,  Vol.  103,  p.  638. 

4  Wilcox's  The  Study  of  City  Govenvment,  p.  236. 

5  Shaw's  The  American  State  Legislatures  in  the  Contemporary  Beview, 
Vol.  56,  p.  555. 

6  Bryce's  American  Commonwealth  (1915),  Vol.  I,  p.  2. 

7  Horack's  Beorganization  of  State  Government  in  Iowa  in  the  Iowa 
Applied  History  Series,  Vol.  II,  p.  7. 

8  Eyan  's  Municipal  Freedom,  pp.  152-153. 

9  See  President  Lowell 's  Introduction  to  Eyan 's  Municipal  Freedom. 

10  Beard's  Loose  Leaf  Digest  of  Short  Ballot  Charters,  p.  10201. 

11  MacGregor's  City  Government  by  Commission,  p.  10.  This  mono- 
graph was  published  as  Bulletin  of  the  University  of  Wiscansin,  No.  423. 

12  MacGregor's  City  Government  by  Commission,  p.  10. 

13  White's  State  Boards  and  Commissions  in  the  Political  Science 
Quarterly,  Vol.  18,  pp.  645,  646. 

14  Woodruff's  City  Government  by  Commission,  p.  12. 

15  Bradford's  History  and  Underlying  Principles  of  Comm,ission  Gov- 
ernment in  The  Annals  of  the  Americam  Academy  of  Political  and  Social 
Science,  Vol.  38,  p.  680.  Compare  Beard's  American  Govenvment  and 
Politics  (1914),  pp.  598  ff;  Munro's  The  Government  of  American  Citiet, 
pp.  294  ff  ,•  Munro  's  Commission  System  of  City  Government  in  McLaugh- 
lin and  Hart's  Cyclopedia  of  American  Government,  Vol.  I,  p.  344; 
Doming 's  The  Government  of  American  Cities,  p.  97;  Kale's  Unpopular 
Government  in  the  United  States,  pp.  139  ff;  ChUds's  Short  Ballot  Prin- 
ciples, pp.  63  ff;  Pollock  and  Morgan's  Modern  Cities,  pp.  183  ff;  Good- 

(243) 


244  COMMISSION  AND  MANAGER  PLANS 

now's  Municipal  Government,  pp.  175-178;  Report  of  the  National  Munici- 
pal League's  Committee  on  the  Commission  Form  of  Government  published 
in  the  National  Municipal  Review,  Vol.  I,  pp.  40-44 ;  Matthews 's  Municipal 
Charters,  pp.  17,  18;  James's  Applied  City  Government,  pp.  45-51;  Zueblin's 
American  Municipal  Progress,  pp.  383-385;  Eliot's  City  Government  by 
Commission  in  the  World's  Work,  Vol.  XIV,  pp.  9419  flf;  Eyan's  Commis- 
sion Government  Described  in  Woodruff's  City  Government  by  Commission, 
pp.  64-88 ;  Crolj  's  Progressive  Democracy,  pp.  286,  287. 

16  Beard's  Loose  Leaf  Digest  of  Short  Ballot  Charters,  p.  10201, 

17  Considered  as  non-essential  in  the  report  of  the  National  Municipal 
League's  Committee  in  the  National  Municipal  Review,  Vol.  I,  pp.  41  42- 
as  non-essential,  except  with  regard  to  election-at-large,  by  MacGregor  in 
his  City  Government  by  Commission,  pp.  29-31;  and  as  essential  in  Eyan's 
Municipal  Freedom,  p.  24,  and  by  almost  all  other  writers.  Matthews  has 
a  particular  aversion  to  the  initiative,  referendum,  and  recall.  He  says: 
"These  features,  found  in  most  commission  charters  as  well  as  in  some 
others,  are,  in  the  writer's  view,  not  only  inconsistent  with  democracy 
as  originated  and  hitherto  practiced  in  this  country,  but  are  inherently 
incapable  of  application  to  municipal  administration ' '. — Matthews 's  Munic- 
ipal Charters,  p.  18. 

18  Munro's  The  Government  of  American  Cities,  p.  191. 

19  Munro's  The  Government  of  American  Cities,  p,  192. 

20  Munro's  The  Government  of  European  Cities,  p.  235. 

21  Beard's  Loose  Leaf  Digest  of  Short  Ballot  Charters,  p.  10203. 

22  MacGregor 's  City  Government  by  Commission,  p.  26. 

23  Beard 's  Loose  Leaf  Digest  of  Short  Ballot  Charters,  p.  10203. 

24  James's  The  City  Manager  Plan,  the  Latest  in  American  City  Gov- 
ernment in  The  American  Political  Science  Review,  Vol.  VIII,  p.  612. 

25  National  Municipal  Review,  Vol.  I,  p.  41. 

26  National  Municipal  Review,  Vol.  I,  p.  41. 

27  Beard's  Loose  Leaf  Digest  of  Short  Ballot  Charters,  p.  10201. 

28  Goodnow's  Principles  of  Administrative  Law  of  the  United  States 
p.  3. 

29  For  instance,  in  The  Des  Moines  Capital,  January  6,  1917,  there  is 
a  headline  entited  ' '  Mayor  probes  actions  of  the  city  police ' '.  Instances  of 
this  kind,  which  were  of  frequent  occurrence  in  other  cities  and  in  Des 
Moines  during  the  previous  period,  clearly  indicate  the  fact  that  under  the 
commission  form  administrative  centralization  is  still  lacking  and  that 
conflicts  among  the  commissioners  are  unavoidable. 

30  James's  The  City  Manager  Plan,  the  Latest  in  American  City  Gov- 
ernment in  The  American  Political  Science  Review,  Vol.  VIII,  p.  608. 

31  Wilcox's  The  Study  of  City  Government,  p.  230. 

32  The  arguments  for  and  against  election  to  specific  office  and  election 
at  random  are  well  stated  in  Johnson's  Commission  Government  for  Cities-. 
Electimi  to  Specific  Office  vs.  Election  at  Random  in  the  National  Munic- 
ipal Review,  Vol.  II,  pp.  661-664. 


NOTES  AND  REFERENCES  245 

33  National  Municipal  Beview,  Vol.  Ill,  p.  46. 

34  National  Municipal  Beview,  Vol.  Ill,  p.  45.  Compare  also  Definition 
of  the  ' '  City  Manager  Plan ' '  in  Beard 's  Loose  Leaf  Digest  of  Short  Ballot 
Charters,  pp.  10203,  10204;  Childs's  The  Principles  Underlying  the  City- 
Manager  Plan  in  The  Annals  of  the  American  Academy  of  Political  and 
Social  Science:  Commission  Government  and  the  City-Manager  Plan,  (Ke- 
vised  edition,  1914)  pp.  171  ff;  James's  Applied  City  Government,  pp.  62 
ff;  James's  The  City  Manager  Plan,  the  Latest  in  American  City  Gov- 
ernment, in  The  American  Political  Science  Beview,  Vol.  VIII,  p.  604; 
Matthews 's  Municipal  Charters,  p.  41,  note;  Zueblin's  American  Municipal 
Progress,  p.  386. 

35  Toulmin's  The  City  Manager,  p.  76. 

36  Childs's  Controlled  Executive  Plan  in  the  National  Municipal  Beview, 
Vol.  II,  pp.  76-81.  Zueblin  gives  the  following  significant  definition  of  the 
city-manager  which  may  be  cited  in  this  connection :  ' '  The  city  manager  is 
the  paradox  of  an  all-powerful  executive  absolutely  subordinate  to  the 
council". — Zueblin's  American  Municipal  Progress,  p.  386. 

CHAPTEE  II 

37  Fairlie's  Essays  in  Municipal  Administration,  p.  48. 

38  Documentary  History  of  New  York,  Vol.  I,  p.  389. 

39  Matthews 's  City  Government  of  Boston,  p.  166. 

40  Stubbs's  Constitutional  History  of  England,  Vol.  3,  p.  577. 

41  Fairlie's  Essays  in  Municipal  Administration,  pp.  49,  50. 

42  List  of  colonial  boroughs  as  given  by  Fairlie  in  his  Essays  in  Munic- 
ipal Administration,  p.  50,  note. 

Agamenticus,  Maine,  chartered  1641. 
Kittery,  Maine,  chartered  1647. 
New  York,  New  York,  chartered  1686. 
Albany,  New  York,  chartered   1686. 
Germantown,  Pennsylvania,  chartered  1687. 
Philadelphia,  Pennsylvania,   chartered  1691. 
Chester,  Pennsylvania,  chartered  1701. 
Westchester,  New  York,  chartered  170(?). 
Bath,  North  Carolina,  chartered  1705. 
Annapolis,  Maryland,  chartered  1708. 
Perth    Amboy,    New    Jersey,    chartered    1718. 
Bristol,  Pennsylvania,  chartered  1720. 
Williamsburg,  Virginia,  chartered  1722. 
New  Brunswick,  New  Jersey,  chartered  1730. 
Burlington,  New  Jersey,  chartered  1733. 
Norfolk,  Virginia,  chartered   1736. 
Richmond,  Virginia,   chartered  1742. 
Elizabeth,   New   Jersey,   chartered    1740. 
Lancaster,  Pennsylvania,  chartered  1742. 
Trenton,  New  Jersey,  chartered  1746. 


246  COMMISSION  AND  MANAGER  PLANS 

43  Eogers's  Municipal  Corporations  in  Two  Centuries'  Growth  of 
American  Law  (Yale  Bicentennial  Publications ),  p.  218. 

44  Fairlie's  Municipal  Administration ,  p.  73.  In  England,  the  controll- 
ing power  over  corporations  was  virtually  vested  in  "select  bodies",  and 
the  abuses  arising  out  of  this  system  continued  after  the  revolution  in  1688, 
and  until  the  passage  of  the  act  of  Paliament  in  1835. — See  Dillon's 
Commentaries  on  the  Law  of  Municipal  Corporations,  Vol.  I,  p,  20. 

45  Fairlie's  Municipal  Administration,  p.  73. 

46  Fairlie  's  Municipal  Administration,  p.  74. 

47  Fairlie's  Essays  in  Municipal  Administration,  pp.  76,  77. 

48  Fairlie's  Essays  in  Municipal  Administration,  p.  77. 

49  Fairlie's  Municipal  Administration,  p.  75. 

50  Fairlie's  Municipal  Administration,  p.  76. 

51  Goodnow's  Municipal  Government,  p.  176. 

52  Munro's  The  Galveston  Plan  of  City  Government  in  the  Proceedings 
of  the  Providence  Conference  for  Good  City  Government,  1907,  p.  144. 

53  Fairlie's  Municipal  Administration,  p.  78. 

54  Munro's  The  Government  of  American  Cities,  p.  5. 

55  Allison  and  Penrose's  The  City  Government  of  Philadelphia,  in  the 
Johns  HopTcins  University  Studies  in  Historical  and  Political  Science, 
Vol.  V,  p.  33. 

56  Fairlie's  Municipal  Administration,  pp.  78,  79. 

57  Munro's  The  Government  of  American  Cities,  p.  6. 

58  McClain's  Constitutional  Law  in  the  United  States,  p.  63. 

59  Allison  and  Penrose's  The  City  Government  of  Philadelphia  Ln  the 
Johns  Hopkins  University  Studies  in  Historical  and  Political  Science,  Vol. 
V,  p.  34. 

60  Greenlaw's  Office  of  Mayor  in  the  United  States  in  Municipal 
Affairs,  Vol.  Ill,  p.  39. 

61  Hollander's  The  Finances  of  Baltimore,  p.  52. 

62  Fairlie's  Municipal  Administraticm,  p.  79. 

63  Howe's  Municipal  History  of  New  Orleans  in  the  Johns  Hopkins 
University  Studies  in  Historical  and  Political  Science,  Vol,  VII,  p.  14. 

64  Wilcox's  Municipal  Government  in  Michigan  and  Ohio  in  the 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law,  Vol. 
V,  pp.  411,  412. 

65  Goodnow's  Municipal  Problems,  p.   17. 

66  Greenlaw's  Office  of  Mayor  in  the  United  States  in  Municipal 
Affairs,  Vol.  Ill,  p.  35. 

67  Matthews 's  The  City  Government  of  Boston,  pp.  164,  165. 

68  Snow's  The  City  Government  of  St.  Louis  in  the  Johns  Hopkins 
University  Studies  in  Historical  and  Political  Science,  Vol.  V,  p.  143. 

69  Wilcox's  Municipal  Government  in  Michigan  and  Ohio  in  the  Colum- 
bia University  Studies  in  History,  Economics,  and  Public  Law,  Vol.  V,  p. 
414. 

70  Durand's  The  Finances  of  New  York  City,  p.  41. 


NOTES  AND  REFERENCES  247 

71  Address  of  the  convention  of  1829,  cited  in  Durand's  The  Finances 
of  New  York  City,  p.  42. 

72  Greenlaw's  Office  of  Mayor  in  the  United  States  in  Municipal 
Affairs,  Vol.  Ill,  p.  38. 

73  The  distribution  of  these  municipalities  was  as  follows:  "Nine  of 
these  were  in  New  England,  where  the  development  of  manufacturing 
centres  had  increased  population  beyond  the  capacity  of  the  town-meeting; 
five  were  in  New  York  State;  the  same  number  in  Ohio,  four  in  Illinois; 
and  almost  every  state  was  represented  by  one  or  two  cities." — Fairlie's 
Municipal  Administration,  p.  83. 

74  Wilcox 's  Municipal  Government  i7i  Michigan  and  Ohio  in  the 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law,  Vol. 
V,  p.  443. 

75  This  charter  was  enacted  by  the  legislature  of  Illinois  at  the  session 
ending  March  6,  1837.  The  original  copy  can  be  found  in  the  Laws  of 
Illinois,  1837,  pp.  50  ff.  It  is  also  found  in  a  pamphlet  entitled  The  Charters 
of  the  City  of  Chicago,  compiled  by  President  Edmund  J.  James  of  the 
University  of  Illinois. 

76  Sparling's  Municipal  History  of  Chicago  in  Bulletin  of  the  Univer- 
sity of  Wisconsin:  Economics,  Political  Science,  and  History  Series,  Vol. 
II,  p.  32. 

77  Sparling's  Municipal  History  of  Chicago  in  Bulletin  of  the  Univer- 
sity of  Wisconsin:  Economics,  Political  Science,  and  History  Series,  Vol. 
II,  p.  31. 

78  Sparling's  Municipal  History  of  Chicago  in  Bulletin  of  the  Univer 
sity  of  Wisconsin:  Economics,  Political  Science,  and  History  Series,  Vol 
II,  p.  31. 

79  Sparling's  Municipal  History  of  Chicago  in  Bulletin  of  the  Univer 
sity  of  Wisconsin:  Economics,  Political  Science,  and  History  Series,  Vol 
II,  p.  29. 

80  Larson's  Financial  History  of  MilwauTcee  in  Bulletin  of  the  Univer 
sity  of  Wisconsin:  Economics  and  Political  Science  Series,  Vol.  IV,  pp, 
163,  164. 

81  Eaton's     The  Government  of  Municipalities,  p.  11. 

82  MacKenzie's  Introduction  to  Social  Philosophy,  p.  101. 

83  Carnegie's  Triumphant  Democracy,  pp.  46  ff,  cited  in  Howard's 
Local  Constitutional  History  of  the  United  States,  p.  150,  note. 

84  Beard 's  Americaii  City  Government,  p.  1. 

85  Munro's  The  Government  of  American  Cities,  p.  9;  James's  The 
Growth  of  Great  Cities  in  Area  and  Population:  A  Study  in  Municipal 
Statistics,  p.  2.  In  the  census  of  the  United  States,  only  that  population 
is  counted  as  urban  which  is  to  be  found  in  cities  of  8,000  inhabitants  or 
upwards. 

86  Weber's  The  Growth  of  Cities  in  the  Columbia  University  Studies  in 
History,  Economics,  and  Public  Law,  Vol.  VI,  pp.  23,  24, 


248  COMMISSION  AND  MANAGER  PLANS 

87  Weber's  The  Growth  of  Cities  in  the  Columbia  Uni/versity  Studies  in 
History,  Economics,  and  Public  Law,  Vol.  XI,  pp,  24,  25. 

88  Fairlie's  Municipal  Administration,  pp.  86,  87. 

89  Godkin  says :  ' '  American  cities  ....  are  without  exception  the 
creations  of  a  state;  they  have  grown  up  either  under  state  supervision  or 
through  state  instigation;  that  is,  they  owe  their  origin  and  constitution 
to  the  government.  Their  charters  have  usually  been  devised  or  influenced 
by  people  who  did  not  expect  to  live  in  them,  and  who  had  no  personal 
knowledge  of  their  special  needs.  In  other  words,  an  American  municipal 
charter  has  been  rather  the  embodiment  of  an  a  priori  view  of  the  kind  of 
a  thing  a  city  ought  to  be,  than  a  legal  recognition  of  preexisting  wants 
and  customs." — Gidkin 's  Unforeseen  Tendencies  of  Democracy,  p.  146. 

90  Fairlie's  Essays  in  Municipal  Administration,  p.  92. 

91  Fairlie's  Municipal  Administration,  p.  87. 

92  Goodnow's  Comparative  Administrative  Law,  Vol.  I,  p.  205. 

93  Matthews 's  The  City  Covernment  of  Boston,  p.  170. 

94  Durand's  The  Finances  of  New  YorTc  City,  p.  69. 

95  Wilcox's  Municipal  Government  in  Michigan  and  Ohio,  in  the 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law,  VoL 
V,  pp.  450,  451. 

96  Sparling's  Municipal  History  of  Chicago,  in  Bulletin  of  the  Univer- 
sity of  Wisconsin:  Economics,  Political  Science,  and  History  Series,  Vol. 
II,  pp.  115-117. 

97  Wilcox 's  Municipal  Government  in  Michigan  and  Ohio  in  the 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law,  Vol. 
V,  p.  422. 

98  Allison  and  Penrose's  The  City  Government  of  Philadelphia,  in  the 
Johns  Hopkins  University  Studies  in  Historical  and  Political  Science,  Vol, 
V,  p.  49. 

99  Matthews 's  The  City  Government  of  Boston,  p.  167. 

100  Durand's  The  Finances  of  New  York  City,  p.  77. 

101  Munro's  The  Government  of  American  Cities,  p.  14. 

102  Durand's  The  Finances  of  New  York  City,  p.  78. 

103  Durand's  The  Finances  of  New  York  City,  p.  79. 

104  Durand's  The  Finances  of  New  York  City,  p.  79. 

105  Hollander's  The  Finances  of  Baltimore,  p.  204. 

106  Sparling's  Municipal  History  of  Chicago  in  Bulletim,  of  the  Univer- 
sity of  Wisconsin:  Economics,  Political  Science,  and  History  Series,  Vol. 
II,  p.  129. 

107  Wilcox's  Municipal  Government  in  Michigan  and  Ohio  in  the 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law, 
Vol.  V,  p.  427. 

108  "A  law  of  1866  established  a  Board  of  Metropolitan  Police  Com- 
missioners and  removed  the  police  fund,  with  the  tax  levy  for  its  support, 
from  the  control  of  the  Council.  A  board  of  four  commissioners,  appointed 
by  the  Governor   of   the   State,   assumed   full   management    of   the   police 


NOTES  AND  REFERENCES  249 

function.  The  purpose  of  this  change  is  not  clear,  although  the  Mayor, 
who  was  made  ex -officio  member  of  the  board  was  assured  that  it  would 
prove  to  be  worth  while. ' ' — Williamson 's  The  Finances  of  Cleveland  in 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law, 
Vol.  XXV,  pp.  465-467. 

109  Allison  and  Penrose's  The  City  Government  of  Philadelphia  in  the 
Johns  Hopkins  University  Studies  in  Historical  and  Political  Science,  Vol. 
V,  p.  53. 

110  Fairlie's  Municipal  Administration,  pp.  90,  91. 

111  Munro's  The  Government  of  American  Cities,  p.  15. 

112  As  to  the  significance  of  the  new  conditions  produced  by  the  large 
aggregation  of  urban  population,  and  the  proper  solution  of  the  different 
problems  involved,  Dillon  writes   as  follows: 

'^Density  of  population  is  the  foundation  of  municipal  organization,  and 
each  centre  of  density  is  the  appropriate  municipal  unit.  But  the  process 
has  continued  so  long  that  now  a  population  which  a  hundred  years  ago 
would  have  made  a  populous  nation  is  to  be  found  gathered  in  a  single 
centre.  The  interests  of  this  aggi'egation  of  inhabitants  are  common  in 
their  entirety,  but  separate  and  distinct  when  applied  to  topographical 
and  other  charactertistics  and  peculiarities  of  the  component  parts.  His- 
torically, too,  vested  interests  and  peculiar  rights  may  have  accrued  to 
portions  of  this  locality  which  have  given  them  an  existence  and  charac- 
teristics distinguishable  from  other  parts.  The  territory  covered  by  these 
enormous  aggregations  of  individuals  is  too  extensive  to  permit  the  suc- 
cessful application  of  the  simpler  form  of  municipal  government;  and  the 
problem  which  has  to  be  met  is  to  devise  a  method  which  will  at  once 
centralize  the  general  interests  of  the  entire  community  in  a  central  body, 
and  distribute  the  local  interests  peculiar  to  the  different  parts  among 
bodies  qualified  to  interpret  the  demands  and  requirements  of  the  locali- 
ties." — Dillon's  Commentaries  on  the  Laws  of  Municipal  Corporations, 
Vol.  I,  p.  37. 

113  Devlin's  Municipal  Reforms  in  the  United  States,  p.  4. 

114  Munro's  The  Government  of  American  Cities,  p.  55. 

115  These  States  were  as  follows:  Florida,  1865;  Nebraska,  1867; 
Arkansas,  1868;  Illinois  and  New  York,  1870;  West  Virginia,  1872;  Texas 
and  Pennsylvania,  1873;  and  some  other  States  adopted  somewhat  different 
constitutional  provisions,  aimed  more  or  less  definitely  at  the  evils  of 
special  legislation. — Fairlie's  Municipal  Development  in  the  United  States 
in  A  Municipal  Program,  p.  24. 

116  Munro's  The  Government  of  American  Cities,  p.  54. 

117  Goodnow's  City  Government  in  the  United  States,  pp.  65,  66. 

118  Goodnow's  City  Government  in  the  United  States,  p.  66. 

119  Durand's  The  Finances  of  New  Yorlc  City,  p.  165. 

120  Cited  in  Greenlaw's  Office  of  Mayor  in  the  United  States  in 
Municipal  Affairs,  Vol.  Ill,  p.  47. 


250  COMMISSION  AND  MANAGER  PLANS 

121  Wilcox's  Municipal  Government  in  Michigan  and  Ohio  in  the 
Columbia  University  Studies  in  History,  Economics,  and  Public  Law,  Vol. 
V,  pp.  465-467. 

122  Eaton's  The  Government  of  Municipalities,  p.  4. 

123  These  pioneer  home  rule  States  are  Missouri  (1875),  California 
(1879),  Washington   (1889),  and  Minnesota   (1896). 

CHAPTEE  in 

124  Eliot's  Better  Municipal  Government  in  Beard's  Loose  Leaf  Di- 
gest  of  Short  Ballot  Charters,  p.  21101. 

125  Goodnow's  Municipal  Government,  p.  176. 

126  Howard's  Local  Constitutional  History  of  the  United  States,  p.  75. 

127  Howard's  Local  Constitutional  History  of  the  United  States,  p.  78. 

128  Dodd's  Government  of  the  District  of  Columbia,  pp.  73-80. 

129  Fairlie's  Local  Government  in  Counties,  Towns,  and  Villages,  p.  75. 

130  MacGregor's  City  Government  by  Commission,  pp.  21-22, 

131  Scroggs's  Commission  Government  in  the  South  in  The  Annals  of 
the  American  Academy  of  Political  and  Social  Science,  Vol.  38,  p.  682. 

132  Howe's  Municipal  History  of  New  Orleans  in  the  Johns  Hopkins 
University  Studies  in  Historical  and  Political  Science,  Vol.  VII,  p.  172. 

133  Howe's  Municipal  History  of  New  Orleans  in  the  Johns  Hopkins 
University  Studies  in  Historical  and  Political  Science,  Vol.  VII,  p.  173. 

134  Scroggs's  Commission  Government  in  the  South  in  The  Annals  of 
the  American  Academy  of  Political  and  Social  Science,  Vol.  38,  pp.  684,  685. 

135  Scroggs's  Commission  Government  in  the  South  in  The  Annals  of 
the  American  Academy  of  Political  and  Social  Science,  Vol.  38,  p.  685; 
MacGregor's  City  Government  by  Commission,  p.  20. 

136  The  conception  of  American  city  government  during  this  period 
has  been  well  expressed  by  John  R.  Commons  in  the  following  words: 

'  *  The  city  is  looked  upon  as  a  business  corporation,  instead  of  a  political 
corporation,  to  be  managed  in  a  business  manner.  It  must  therefore  have 
a  general  manager,  who  shall  appoint  all  heads  of  departments,  and  become 
clearly  responsible  for  its  administration.  Power  must  be  taken  from  the 
council  and  from  boards,  and  be  concentrated  in  the  mayor.  The  mayor 
must  be  elected  by  popular  vote." — Commons's  Proportional  Representa- 
tion, p.  198. 

137  Garvin's  Better  City  Government  in  The  Arena,  Vol.  41,  p.  39. 

138  Woodruff's  City  Government  by  Commission,  p.  1. 

139  Munro's  The  Government  of  American  Cities,  p.  295. 

140  Munro's  Galveston  Plan  of  City  Government  in  the  Proceedings  of 
the  Providence  Conference  of  the  National  Municipal  League,  1907,  p.  144. 

141  Munro's  The  Government  of  American  Cities,  p.  295. 

142  James's  Two  Successful  Experiments  in  Civic  Government:  Gal- 
veston and  Houston,  Texas,  in  The  Arena,  Vol.  38,  p.  8. 

143  Bradford's  Commission  Government  in  American  Cities,  p.  5; 
MacGregor's  City  Government  by  Commission,  p.  35. 


NOTES  AND  REFERENCES  251 

144  Eliot's  Better  Municipal  Government  in  Beard's  Loose  Leaf  Di- 
,  gest  of  Short  Ballot  Charters,  p.  21101. 

145  Cited  in  Bradford's  Commission  Government  in  American  Citiea, 
pp.  5,  6. 

146  Scroggs's  Commission  Government  in  the  South  in  The  Annals  of 
the  Americain  Academy  of  Political  and  Social  Science,  Vol.  38,  p.  686. 

147  Williams 's  Governing  Cities  hy  Commission  in  The  World  Today, 
Vol.   11,  p.  945. 

148  James's  Two  Successful  Experiments  in  Civic  Government:  Gal- 
veston and  Houston,  Texas,  in  The  Arena,  Vol.  38,  p.  9. 

149  Cited  in  James's  Two  Successful  Experiments  in  Civic  Government : 
Galveston  and  Houston,  Texas,  in  The  Arena,  Vol.  38,  p.  10. 

150  Ex  parte  Lewis,  73  Southwestern  Reporter  811;  or  45  Texas  Grim 
inal  Report  1. 

151  Brown  et  al  vs.  City  of  Galveston,  97  Texas  Report  1. 

152  MacGregor's  City  Government  by  Commission,  p.  195.  The  word 
"Commissioner",  as  used  in  the  charter  of  Galveston  and  all  subsequent 
charters,  is  immaterial.  One  writer  has  suggested  the  title  "Municipal 
Managers  "as  a  good  descriptive  phrase,  because  that  is  precisely  what 
they  are. — Pollock  and  Morgan 's  Modern  Cities,  p.  183. 

153  Taking  advantage  of  the  constitutional  home  rule  amendment 
adopted  in  1912,  Galveston  amended  its  charter  on  September  30,  1913, 
but  not  in  any  radical  aspects.  Commenting  on  these  amendments,  the 
editor  of  the  National  Municipal  Review  says:  "The  subject  matter  of 
some  of  the  amendments,  (and  this  is  characteristic  of  Texas  charters  gen- 
erally) strikingly  illustrates  the  need  of  a  standard  test  by  which  a  great 
mass  of  detail  will  be  eliminated  from  the  basic  law  of  the  city  and  put 
into  an  administrative  code,  which  will  be  amendable  by  the  governing 
body  of  the  city.  Were  such  a  distinction  recognized  we  should  not  have 
a  charter  amendment  'adding  section  35  granting  the  city  commissioners 
power  to  control  and  regulate  use  of  streets  and  prevent  heavy  traffic  on 
certain  streets,  such  as  Broadway,  etc.',  or  'amending  section  20a,  fixing 
the  salaries  of  firemen,  also  captain  engineers  and  firemen  employed  on  fire 
boats',  or  'adding  section  62aa  extending  saloon  limits  so  as  to  authorize 
the  location  of  barrooms  east  of  Sixth  Street  and  south  of  Avenue  H. '  " — 
National  Municipal  Review,  Vol.  Ill,  p.  114. 

154  Charter  of  the  City  of  Galveston,  Sec.  5. 

155  Charter  of  the  City  of  Galveston,  Sec.  6. 

156  Charter  of  the  City  of  Galveston,  Sec.  8. 

157  Charter  of  the  City  of  Galveston,  Sec.  12. 

158  Charter  of  the  City  of  Galveston,  Sec.  17. 

159  Charter  of  the  City  of  Galveston,  Sec.  5. 

160  Charter  of  the  City  of  Galveston,  Sec.  6. 
1161     Charter  of  the  City  of  Galveston,  Sec.  12a. 

162  Charter  of  the  City  of  Galveston,  Sec.  13. 

163  Charter  of  the   City   of   Galveston,   Sec.   7, 


252  COMMISSION  AND  MANAGER  PLANS 

164  Cha/rter  of  the  City  of  Galveston,  See.  12. 

165  Bradford's  Commission  Government  in  American  Cities,  p.  7; 
MacGregor's  City  Government  by  Commission,  p.  38. 

166  Charter  of  the  City  of  Galveston,  Sec.  19. 

167  Charter  of  the  City  of  Galveston,  Sec.  20. 

168  Charter  of  the  City  of  Galveston,  See.  19. 

169  Charter  of  the  City  of  Galveston,  Sec.  32. 

170  Charter  of  the  City  of  Galveston,  See.  32. 

171  Charter  of  the  City  of  Galveston,  Sec.  9. 

172  Charter  of  the  City  of  Galveston,  Sec.  21. 

173  Charter  of  the  City  of  Galveston,  Sec.  29. 

174  Charter  of  the  City  of  Galveston,  Sec.  24, 

175  Charter  of  the  City  of  Galveston,  See.  13. 

176  Turner's  Galveston:  A  Business  Corporation  in  McClure's  Maga- 
zine, Vol.  27,  pp.  613,  614. 

177  MacGregor's  City  Government  "by  Commission,  p.  40. 

178  James's  Houston  and  its  City  Commission  in  The  Arena,  Vol.  38, 
p.  145. 

179  Cited  in  Scroggs's  Commission  Government  in  the  South  in  The 
Annals  of  the  American  Academy  of  Political  and  Social  Science,  Vol.  38, 
p.  687. 

180  Bradford's  Commission  Government  in  American  Cities,  p.  23. 

181  National  Municipal  Beview,  Vol.  Ill,  p.  114. 

182  Charter  of  the  City  of  Houston  (compiled  by  E.  P.  Phelps),  Art. 
V,  Sec.  4a. 

183  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  10. 

184  Bradford 's  Commission  Government  in  American  Cities,  p.  24. 

185  Charter  of  the  City  of  Houston,  Art.  V,  Sec.  3. 

186  Charter  of  the  City  of  Houston,  Art.  VI,  Sec.  7. 

187  Charter  of  the  City  of  Houston,  Art.  VI,  Sec.  6. 

188  Charter  of  the  City  of  Houston,  Art.  VI,  Sec.  8. 

189  Charter  of  the  City  of  Houston,  Art.  V,  Sec.  2. 

190  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  8. 

191  Charter  of  the  City  of  Houston,  Art.  VI,  Sec.  7. 

192  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  1. 

193  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  8. 

194  Charter  of  the  City  of  Houston,  Art.  V,  Sec.  1. 

195  Charter  of  the  City  of  Houston,  Art.  VI,  Sec.  5. 

196  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  5. 

197  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  11. 

198  One  writer  has  summarized  the  reasons  for  election  to  specific  office, 
and  for  election  at  random  as  follows: 

Reasons  for  election  to  specific  office: 

(1)  "Election  to  specific  office  is  essential  for  consistency  with  the 
fundamental  principle  of  commission  government  that  the  line  of  responsi- 
bility from  members  of  the  council  to  the  people  should  be  clear  and  sharp.'* 


NOTES  AND  REFERENCES  253 

(2)  "It  should  conduce  to  harmony  and  attention  to  business  in  the 
council  to  have  each  member  in  a  position  from  which  the  rest  cannot  de- 
pose him,  in  which  he  knows  he  must  stay  until  the  end  of  his  term,  and  in 
which  he  must  make  good,  if  at  all. ' ' 

(3)  "Election  to  specific  office  enables  a  man  to  know  in  advance  for 
what  office  he  is  running,  and  the  voter  to  know  to  what  office  he  is  electing 
him. ' ' 

(4)  "Election  to  specific  offices  is  not  open  to  the  objection  that  the 
people  should  never  elect  experts,  for  there  is  no  necessity  that  these  men 
should  be  experts,  but  there  is  necessity  that  they  should  be  elected  to  a 
place  in  which  they  have  an  interest  and  for  which  the  voters  will  con- 
sciously support  them. ' ' 

(5)  "Experience  has  already  developed  serious  objections  to  the  prac- 
tice of  election  at  random. ' ' 

Reasons  for  election  at  random : 

(1)  "Election  at  random  makes  it  unnecessary  for  candidates  to  have 
to  get  elected  to  a  certain  office,  or  to  be  lost  from  the  council." 

(2)  "An  inferior  banker  might  be  elected  to  the  headship  of  the  de- 
partment of  finance  over  a  man  with  general  experience  in  business,  greatly 
his  inferior  in  actual  fitness  for  the  office." 

(3)  "It  is  almost  invariable  practice  of  American  commission  gov- 
erned cities  to  elect  their  councils  at  random. ' ' — Johnson 's  Commission 
Government  for  Cities:  Election  to  Specific  Office  vs.  Election  at  Bandom 
in  the  National  Municipal  Review,  Vol.  II,  pp.  661-664. 

199  Childs's  Sliort  Ballot  Principles,  p.  44. 

200  Charter  of  the  City  of  Houston,  Art.  VI,  Sec.  9.  Originally  the 
mayor  in  Houston  received  a  salary  of  $4000  per  annum,  but  this  was  raised 
to  $7500  by  the  1913  home  rule  amendment.  Another  amendment  increas- 
ing the  salaries  of  the  other  commissioners  from  $2400  to  $3600,  however, 
was   lost. 

201  Charter  of  the  City  of  Houston,  Art.  VII,  Sec.  6. 

202  Charter  of  the  City  of  Houston,  Art.  IV,  Sec.  1. 

203  Charter  of  the  City  of  Houston,  Art.  II,  Sec.  18. 

204  Charter  of  the  City  of  Houston,  Art.  IX,  Sec.  15. 

205  "The  city  of  Houston  may  by  purchase,  lease,  condemnation,  con- 
struction or  otherwise,  establish,  own,  equip,  maintain,  conduct  and  operate, 
in  whole  or  in  part,  libraries,  reading  rooms,  art  galleries,  museums, 
assembly  or  convention  halls,  parks,  playgrounds,  gymnasiums,  baths, 
public  toilets,  and  comfort  Ftations,  abattoirs,  municipal  lodging  houses 
and  tenement  houses,  dispensaries,  infirmaries,  free  employment  bureaus, 
almshouses,  work  farms,  detention  homes,  cemeteries,  crematories,  morgues, 
works  or  plants  for  the  preparation,  manufacture,  handling  ,or  transporta- 
tion of  materials  required  in  the  construction,  completion,  maintenance 
or  repair  of  streets,  bridges,  sidewalks,  sewers  and  any  public  work,  im- 
provement, building  or  utility,  whether  specifically  mentioned  herein  or  not 
The  City  of  Houston  may  also  by  purchase,  condemnation,  con- 


254  COMMISSION  AND  MANAGER  PLANS 

struction  or  otherwise  establish,  own,  equip,  maintain,  conduct  and  operate 
in  whole  or  in  part  steam  laundries,  ice  factories,  bakeries,  belt  and  ter- 
minal railways  and  union  depots  within  or  without  the  City  of  Houston; 
also,  any  and  all  buildings,  establishments,  institutions  and  places,  whether 
situated  inside  or  outside  of  the  city  limits,  which  are  necessary  or  conven- 
ient for  the  transaction  of  public  business  or  for  promoting  the  health, 
morals,  education  or  welfare  of  the  inhabitants  of  the  city,  or  for  their 
amusement,  recreation,  entertainment  or  benefit". — Charter  of  the  City  of 
Houston,  Art.  II,  Sec.  7a. 

206  Charter  of  the  City  of  Houston,  Art.  VII  b.  Sec.  1.  The  following 
quotations  in  the  next  two  paragraphs  are  all  taken  from  the  same  article. 

207  The  basis  of  percentage  is  the  same  as  in  the  case  of  the  initiative. 

208  Charier  of  the  City  of  Houston,  Art.  VII  a.  Sec.  1.  The  expressions 
within  (piotaliou  marks  in  this  paragraph  are  taken  from  the  same  article 
unless  otherwise  indicated. 

209  Wilcox's  Government  iy  all  the  People,  p.  167. 

210  Charter  of  the  City  of  Houston,  Art.  V  a.  The  expressions  within 
quotation  marks  in  this  paragraph  are  taken  from  the  sections  of  the  same 
article. 

211  Farbar's  Results  of  Commission  Government  in  Houston,  Texas,  in 
The  Annals  of  the  American  Academy  of  Political  and  Social  Science, 
Vol.  38,  p.  904. 

CHAPTEE  IV 

212  The  Arena,  Vol.  38,  p.  431. 

213  Shambaugh's  The  Commission  Plan  of  Government  in  Proceedings 
of  Minnesota  Academy  of  Social  Science,  Vol.  Ill,  p.  158. 

214  Bowman's  Administration  of  Iowa  in  the  Columbia  University 
Studies  in  History,  Econom,ics,  and  Public  Law,  Vol.  XVIII,  p.  13. 

215  Constitution  of  Iowa,  1857,  Art.  Ill,  Sec.  30. 

216  Laws  of  Iowa,  1858,  p.  363, 

217  Census  of  Iowa,  1915,  p.  xix. 

218  Census  of  Iowa,  1915,  p.  xxxi. 

219  Census  of  Iowa,  1915,  p.  xxxiv. 

220  Shambaugh's  Commission  Government  in  Iowa:  The  Des  Moines 
Plan,  p.  9. 

221  The  Register  and  Leader,  February  2,  1907;  Horack's  The  Govern- 
ment of  Iowa,  pp.  128-130;  Hamilton's  Government  by  Commission,  pp. 
26  ff. 

222  Hamilton's  Government  by  Commission,  p.  93. 

223  Hamilton's  Government  by  Commission,  p.  92. 

224  The  Arena,  Vol.  38,  p.  433.  "Des  Moines'  most  important  de- 
parture from  the  norm  of  municipal  practice  has  been  its  policy  of  securing 
all  classes  of  public  service  through  private  corporations,  whereas  many 
cities  own  and  operate  their  own  water  works." — Hamilton's  Government 
by  Com/mission,  p.  31. 


NOTES  AND  REFERENCES  255 

225  The  Arena,  Vol.  38,  p.  434. 

226  Horack's  Reorganization  of  State  Government  in  Iowa  in  the  Iowa 
Applied  History  Series,  Vol.  II,  p.  7. 

227  Proceedings  of  the  Iowa  State  Bar  Association,  1903.  pp.  60,  61. 

228  Proceedings  of  the  Iowa  State  Bar  Association,  1904,  pp.  129-134. 

229  Hamilton's  Government  hy  Commission,  p.  126. 

230  Berryhill's    The   Des   Moines    Plan    of    Municipal    Government    in 
Proceedings  of  the  Iowa  State  Bar  Association,  1908,  p.  35. 

231  Hamilton's  Government  by  Commission,  p.   105. 

232  Berryhill's  The  Des  Moines  Plan  of  Municipal  Government  in  Pro- 
ceedings of  the  Iowa  State  Bar  Association,  1908,  p.  38. 

233  Shambaugh's  Commission   Government  in  Iowa:   The  Des  Moine* 
Plan,  p.  11. 

234  Hamilton 's  Government  hy  Commission,  p.  107. 

235  The  Arena,  Vol.  38,  p.  435. 

236  Berryhill's    The    Des   Moines   Plan    of   Municipal    Government   in 
Proceedings  of  the  Iowa  State  Bar  Association,  1908,  pp.  38,  39. 

.   237     Hamilton's  Government  hy  Commission,  p.  109. 

238  Hamilton's  Government  hy  Commission,  p.  108. 

239  Shambaugh's  Commission  Government  in  Iowa:    The  Des  Moines 
Plan,  p.  12. 

240  The  vote  was  106  to  27  in  favor  of  the  Galveston  plan  with  modi- 
fications.— The  Register  and  Leader,  February  2,  1907, 

241  The  Register  and  Leader,  February  2,  1907. 

242  Shambaugh's   Commission   Government  in  Iowa:    The  Des  Moines 
Plan,  pp.  12,  13. 

243  Shambaugh's   Commission   Government  in  Iowa:   The  Des  Moines 
Plan,  p.  14. 

244  Shambaugh's  Commission   Government   in  Iowa:   The  Des  Moines 
Plan,  p.  14. 

245  Laws  of  Iowa,  1907,  p.  38. 

246  Laws  of  Iowa,  1909,  p.  53. 

247  Laws  of  Iowa,  1913,  pp.  86,  87. 

248  Laws  of  Iowa,  1909,  pp.  53,  54. 

249  Laws  of  Iowa,  1909,  p.  57. 

250  Laws  of  Iowa,  1909,  pp.  54-56, 

251  Laws  of  Iowa,  1909,  pp.  54-56. 

252  Laws  of  Iowa,  1907,  pp.  41,  42. 

253  Laws  of  Iowa,  1908,  p.  46. 

254  Shambaugh's   Commission   Government   in  Iowa:    The  Des  Moines 
Plan,  p.  15. 

255  Laws  of  Iowa,  1909,  p.  57. 

256  Supplemental  Supplement  to  the  Code  of  Iowa,  1915,  p.  82. 

257  Laws  of  Iowa,  1909,  p.  57. 

258  Laws  of  Iowa,  1907,  p.  43. 

259  Laws  of  Iowa,  1907,  p.  42, 


256  COMMISSION  AND  MANAGER  PLANS 

260  MacGregor's  City  Government  hy  Commission,  p.  48. 

261  Supplemental  Supplement  to  the  Code  of  Iowa,  1915,  p.  82. 

262  Laws  of  Iowa,  1907,  p.  43. 

263  Laws  of  Iowa,  1909,  p.  57. 

264  Laws  of  Iowa,  1907,  p.  42. 

265  Laws  of  Iowa,  1907,  pp.  42,  43. 

266  Laws  of  Iowa,  1913,  p.  87. 

267  Shambaugh's  Commission   Government  in  Iowa:    The  Des  Koines 

Plan,  p.  17. 

268  Shambaugh's   Commission   Government  in  Iowa:    The  Des  Moines 

Plan,  p.  17. 

269  Laws  of  Iowa,  1907,  p.  44. 

270  Laws  of  Iowa,  1907,  p.  44. 

271  Laws  of  Iowa,  1907,  p.  48. 

272  Shambaugh's  Commission   Government   in   Iowa:    The  Des  Moinet 

Plan,  p.  26. 

273  Laws  of  loiva,  1907,  pp.  47,  48. 

274  Laws  of  Iowa,  1907,  pp.  46,  47. 

275  Laws  of  Iowa,  1909,  p.  59. 

276  Laws  of  Iowa,  1907,  p.  47. 

277  Laws  of  Iowa,  1907,  p.  43. 

278  Laws  of  Iowa,  1907,  p.  46. 

279  Supplemental  Supplement  to  the  Code  of  Iowa,  1915,  p.  83. 

280  Laws  of  Iowa,  1907,  p.  46.  These  exempted  officials  are  the  city 
clerk,  solicitor,  assessor,  treasurer,  auditor,  civil  engineer,  city  physician, 
marshal,  market  master,  street  commissioner,  and  three  library  trustees. 
The  law  was  made  to  apply  to  the  chief  of  the  fire  department  in  1911. — 
Laws  of  Iowa,  1911,  p.  39. 

281  Supplemental  Supplement  to  the  Code  of  Iowa,  1915,  pp.  83,  84. 

282  Laws  of  Iowa,  1907,  pp,  48,  49. 

283  Turner's  The  New  City  Government  in  MeClure's  Magazine,  Vol, 
35,  p.  97. 

284  The  Arena,  Vol.  38,  p.  435. 

285  The  Register  and  Leader,  June  19,  1907. 

286  The  Register  and  Leader,  June  21,  1907. 

287  The  Register  and  Leader,  October  10,  1907. 

288  The  text  of  the  decision  is  found  in  The  Register  and  Leader, 
November  24,  1907;  and  also  in  Hamilton's  Government  by  Commission, 
pp.  249-274. 

289  Eckerson  vs.  City  of  Des  Moines,  137  Iowa  452. 

CHAPTEE  V 

290  Williams's  Governing  Cities  ly  Commission  in  The  World  Today, 
Vol.  XI,  p.  943, 


NOTES  AND  REFERENCES  257 

291  Bradford's  History  and  Underlying  Principles  of  Commission  Gov- 
ernment in  The  Annals  of  the  American  Academy  of  Political  and  Social 
Science,  Vol.  38,  p.  673. 

292  Bates's  Commission  Government  in  Kansas  in  Proceedings  of 
American  Political  Science  Association,  Vol.  VII,  p.  114. 

293  Bruere's  The  New  City  Government,  p.  129. 

294  The  American  Political  Science  Eeview,  Vol.  FV,  p.  223. 

295  Munro's  Ten  Years  of  Commission  Government  in  the  National 
Municipal  Eeview,  Vol.  1,  p.  563. 

296  These  six  States  are  Connecticut,  Delaware,  Indiana,  New  Hamp- 
Bhire,  Rhode  Island,  and  Vermont. 

297  These  twenty-seven  States  are  as  follows:  Alabama,  Arizona, 
Arkansas,  Idaho,  Illinois,  Iowa,  Kansas,  Kentucky,  Louisiana,  Mississippi, 
Missouri,  Montana,  Nebraska,  Nevada,  New  Jersey,  New  Mexico,  North 
Dakota,  Oklahoma,  Pennsylvania,  South  Carolina,  South  Dakota,  Tennessee, 
Texas,  Utah,  Washington,  Wisconsin,  and  Wyoming.  Laws  in  Alabama, 
Pennsylvania,  "and  Utah  are  obligatory  and  self-executing.  Missouri  pro- 
vides an  obligatory  commission  law  for  cities  of  the  second  class,  and  a 
permissive  law  for  cities  of  the  third  class.  The  laws  in  all  the  rest  of  the 
States  are  optional. 

298  These  States  are  Arizona,  Missouri,  Nebraska,  Oklahoma,  Texas, 
and  Washington. 

299  These  States  are  California,  Colorado,  Michigan,  Minnesota,  Oregon, 
and  Ohio. 

300  This  State  is  Ohio. 

301  These  States  are  Massachusetts,  New  York,  and  Virginia. 

302  These  six  States  are  Florida,  Georgia,  Maine,  Maryland,  North 
Carolina,  and  West  Virginia. 

303  Bates's  Commission  Government  in  Kansas  in  The  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  Vol.  18,  p.  719. 

304  Laws  of  Kansas,  1909,  Ch.  74,  pp.  131-140. 

305  Laws  of  Kansas,  1909,  Ch.  82,  pp.  153-169. 

306  Laws  of  Kansas,  1913,  Ch.  128,  pp.  204-211. 

307  In  Kansas  the  cities  of  the  first  class  include  all  cities  over  fifteen 
thousand  inhabitants;  the  second  class  those  over  two  thousand,  but  not 
over  fifteen  thousand ;  and  the  third,  all  incorporated  places  of  not  over 
two  thousand  population. — Bates's  Commission  Government  in  Kansas  in 
The  Annals  of  the  American  Academy  of  Political  and  Social  Science,  Vol. 
18.  p.  719. 

308  Laws  of  Kansas,  1913,  Ch.  85,  pp.  135-142;  National  Municipal 
Eeview,  Vol.  II,  p.  682. 

309  By  a  constitutional  amendment  in  1914  the  recall  was  made  appli- 
cable to  all  cities  in  the  State  on  a  twenty-five  percent  petition. — Constitu- 
tion of  Kansas,  Art.  4,  Sees.  3-5. 

310  Laws  of  Kansas,  1911,  Ch.  184,  pp.  313,  314. 


258  COMMISSION  AND  MANAGER  PLANS 

311  The  cities  which  have  adopted  the  commission  plan  are  as  fol- 
lows: Leavenworth  and  Caldwell  in  1908;  Anthony,  Hutchinson,  Inde- 
pendence, Junction  City,  and  Wichita  in  1909;  Abilene,  Cherryville,  Dodge 
City,  Emporia,  Eureka,  lola,  Kansas  City,  Girard,  Marion,  Neodesha, 
Newton,  Parsons,  Topeka,  Wellington,  and  Holton  in  1910;  Chanute,  Coun- 
cil Grove,  Hiawatha,  Manhattan,  Pittsburg,  and  Pratt  in  1911;  Arkansas 
City,  Great  Bend,  Kingman,  and  Olante  in  1912;  Fredonia,  Garden  City, 
Garnett,  Lawrence,  Ottawa,  Osawatomee,  and  Sabetha  in  1913 ;  Fort  Scott 
and  McPherson  in  1914;  St.  Mary's  and  Horton  in  1915. — Equity,  Vol.  18, 
pp.  216-222. 

312  Laws  of  North  Dakota,  1911,  Ch.  77. 

313  Beard's  Digest  of  Short  Ballot  Charters,  p.  35401. 

314  The  cities  in  North  Dakota  adopted  the  commission  plan  as  fol- 
lows: Mandan  in  1907;  Bismarck  and  Minot  in  1909;  Devil's  Lake  in 
1911;  Fargo,  Hillsboro,  and  Williston  in  1913;  Ray  in  1914;  Marmarth  in 
1915 ;  and  Washburn  in  191Q.— Equity,  Vol.  18,  pp.  258,  259. 

315  Thirteenth  Session,  Legislative  Assembly,  State  of  South  Dakota, 
Senate  Bill,  No.  187;  Laws  of  South  Dakota,  1913,  Ch.  119;  1915,  Ch.  113. 

316  The  names  of  the  cities  and  the  dates  of  adoption  are  as  follows: 
Sioux  Falls  in  1908;  Canton,  Chamberlain,  Dell  Rapids,  Huron,  Pierre, 
Rapid  City,  and  Yankton  in  1910;  Aberdeen  and  Lead  in  1911;  Belle 
Fourche,  Madison,  and  Watertown  in  1912;  and  Springfield  in  1914, — 
Equity,  Vol.  18,  pp.  276-280. 

317  Laws  of  Mississippi,  1908,  Ch.  108,  pp.  101-104. 

318  Laws  of  Mississippi,  1912,  Ch.  120,  pp.  107-119;  Beard's  Digest  of 
Short  Ballot  Charters,  p.  36402. 

319  Laws  of  Mississippi,  1914,  Ch.  158,  pp.  201-204.  The  seventh  sec- 
tion of  this  law  reads  as  follows :  ' '  The  provisions  of  this  act  shall 
apply  to  municipalities,  whether  operating  under  special  charters  or  under 
Chapter  120  of  Laws  of  1912,  providing  for  commission  form  of  govern- 
ment, or  under  Chapter  99  of  the  Code  of  1906,  relative  to  municipalities, 
and  all  laws  amendatory  thereof." 

320  Other  cities  in  Mississippi  which  adopted  the  commission  form  of 
government  in  pursuance  of  the  State  laws  are  Gulfport  and  Laurel  in 
1911;  Charleston,  Jackson,  Meridian,  Vieksburg,  and  Greenwood  in  1912. 
—Equity   Vol.    18,   pp.   240,   241. 

321  Bradford's  Commission  Government  in  American  Cities,  pp.  73,  74; 

322  Equity,  Vol.  18,  p.  284 ;  Laws  of  Texas,  1913,  Ch.  21,  pp.  36-39. 

323  A  partial  list  of  the  Texas  cities  operating  under  general  commis- 
sion laws  of  the  State  is  as  follows:  Aransas  Pass,  Kennedy,  Lyford, 
Marble  Falls,  and  Port  Lavaca  in  1910;  Abilene,  McAUen,  Port  Arthur, 
San  Benito,  and  Spur  in  1911;  Bishop,  Franklin,  Frankston,  Nixon,  and 
Hereford  in  1912;  Jacksboro,  McKinnery,  Somerville,  and  Sweetwater  in 
1913;  Coleman,  Honey  Grove,  Orange,  and  Groesbeck  in  1914;  and  Alice 
in  1915.— Equity,  Vol.  18,  pp.  289-295. 


NOTES  AND  REFERENCES  259 

324  Laws  of  Wisconsin,  1909,  Ch.  48;  Laws  of  Wisconsin,  1911,  Ch.  67A; 
Laws  of  Wisconsin,  1915,  pp.  58,  59.  The  law  is  also  published  in  pamphlet 
form,  entitled  Wisconsin  Law;  Commission  Farm  of  City  Government. 

325  Mr.  MacGregor  points  out  the  only  reason  for  not  including  Mil- 
waukee was  that  "at  that  session  of  the  Legislature  Milwaukee  was  en- 
deavoring to  secure  home  rule,  and  it  was  feared  that  if  made  applicable 
to  Milwaukee  the  commission  bill  might  interfere  with  this  project  as  well 
as  endanger  its  own  passage." — MacGregor 's  Commission  Government  in 
the  West  in  The  Annals  of  the  American  Academy  of  Political  and  Social 
Science,  Vol.  38,  p.  730. 

326  Wisconsin  Law:  Comm,ission  Form  of  City  Government,  p.  2. 

327  Wisconsin  Law:  Commission  Form  of  City  Government,  p.  3. 

328  155  Wisconsin  63. 

329  Equity,  Vol.  18,  p.  306. 

330  The  names  of  these  Wisconsin  cities  and  the  dates  of  their  adop- 
tion are  as  follows:  Eau  Claire  in  1910;  Appleton  and  Oshkosh  in  1911; 
Janesville,  Menominee,  Portage,  Eice  Lake,  and  Superior  in  1913 ;  Ash- 
land and  Ladysmith  in  1913;  Antigo  and  Fond  du  Lac  in  1914;  and  Green 
Bay  in   1916.— Equity,  Vol.   18,  pp.   306-308. 

331  Bradford's  Commission  Government  in  American  Cities,  pp.  73,  74; 
Fairlie's  Commission  Government  in  Illinois  Cities  in  The  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  Vol.  38,  p.   750. 

332  Laws  of  Illinois  Relating  to  Commission  Form  of  Municipal  Govern- 
ment, p.  2, 

333  Laws  of  Illinois  Relating  to  Commission  Form  of  Municipal  Gov- 
ernment, p.  28. 

334  Fairlie's  Commission  Government  in  American  Cities  in  The  An- 
nals of  the  American  Academy  of  Political  and  Social  Science,  Vol.  38,  p. 
753. 

335  Laws  of  Illinois  Relating  to  Commission  Form  of  Municipal  Gov- 
ernment, pp.  34,  54,  55. 

336  Laws  of  Illinois,  1915,  pp.  282,  283. 

337  In  1911  the  following  nineteen  Illinois  cities  and  villages  adopted 
the  commission  plan:  Braeeville,  Carbondale,  Clinton,  Decatur,  Dixon, 
Elgin,  Forest  Park,  Hamilton,  Hillsboro,  Jacksonville,  Kewanee,  Moline, 
Ottawa,  Pekin,  Eochelle,  Rock  Island,  Springfield,  Spring  Valley,  and 
Waukegan.  These  cities  were  followed  by  Geneseo,  Harvey,  Marseilles, 
and  Naperville  in  1912;  Port  Byron,  Catlin,  Harrisburg,  Cairo,  and  Mur- 
physboro  in  1913 ;  Flora,  Bloomington,  Highland  Park,  and  Effingham 
in  1914;  Coal  City,  Joliet,  Lincoln,  Sterling,  Paris,  and  Princeton  in  1915. 
—Equity,  Vol.  18,  pp,  206-212. 

338  Beard's  Digest  of  Short  Ballot  Charters,  p.  33401, 

339  Code  of  Laws  of  South  Carolina,  1912,  pp.  841-849;  Benet's  A 
Campaign  for  a  Commission  Form  of  Government  in  The  American  City, 
Vol.   Ill,  pp.   276-278. 


260  COMMISSION  AND  MANAGER  PLANS 

340  Benet's  A  Campaign  for  a  Commission  Form  of  Government  in  the 
American  City,  Vol.  Ill,  p.  276.  Other  cities  in  South  Carolina  which 
have  followed  the  example  of  Columbia  are  Florence  in  1912;  Orangeburg 
and  Spartanburg  in  1913;  and  Kock  Hill  in  1916.— Equity,  Vol.  18,  pp. 
274-276. 

341  Cities  of  the  second  class  in  Kentucky  are  those  having  a  popula- 
tion between  20,000  and  100,000. 

342  Acts  of  Kentucky,  1910,  Ch.  50;  Beard's  Digest  of  Short  Ballot 
Charters,  p.  33701. 

343  Cities  of  the  third  class  in  Kentucky  are  those  cities  having  a  popu- 
lation between  8000  and  20,000. 

344  Cities  of  the  fourth  class  in  Kentucky  are  those  cities  having  a 
population  between  3000  and  8000. 

345  Acts  of  Kentucky,  1914,  Ch.  77,  pp.  271-287;  Acts  of  Kentucky, 
1914,  Ch.  92,  pp.  477-496. 

346  Kentucky  cities  adopting  the  commission  plan  under  general  laws 
are  Newport  in  1910 ;  Lexington  and  Covington  in  1911 ;  Paducah  in  1913 ; 
Cynthiana  and  Hopkinsville  in  1914:.— Equity,  Vol.  18,  pp.  223,  224. 

347  Beard 's  Digest  of  Short  Ballot  Charters,  p.  36301. 

348  Laws  of  Louisiana,  1912,  Act.  No.  207,  House  Bill  No.  115,  provid- 
ing a  form  of  government  for  cities  of  2500  and  over;  Laws  of  Louisiana, 
1916,  Act.  No.  6. 

349  Laws  of  Louisiana,  1916,  Act.  No.  6,  Sec.  2. 

350  These  cities  are  Shreveport  in  1910 ;  Hammond,  Lake  Charles, 
and  New  Iberia  in  1911 ;  Baton  Rouge  and  Donaldsonville  in  1912 ;  Alexan- 
dria and  Jennings  in  19W.— Equity,  Vol.  18,  pp.  224-226. 

351  New  Orleans  and  Natchitoches  received  special  commission  charters 
in  1912;  and  Lafayette  adopted  the  plan  in  1914  by  special  act. — Equity, 
Vol.  18,  pp.  225,  226. 

352  Laws  of  Wyoming,  1911,  Ch.  84.  This  law,  with  amendments,  is 
also  found  in  Election  Laws  of  the  State  of  Wyoming,  1914,  pp.  97-105. 

353  Sheridan  in  1911,  and  Cheyenne  in  1913.— Equity,  Vol.  18,  p.  309. 

354  Laws  of  Montana,  1911,  Ch.  57;  Beard's  Digest  of  Short  Ballot 
Charters,  p.  35301. 

355  Laws  of  Montana,  1913,  p.  480. 

356  These  three  cities  are  Missoula  in  1911 ;  Poison  in  1912 ;  and  Helena 
in  1915.— Equity,  Vol.  18,  p.  245. 

357  Laws  of  Idaho,  1911,  p.  281. 

358  Laws  of  Idaho,  1911,  p.  292. 

359  Laws  of  Idaho,  1911,  p.  295. 

360  Laws  of  Idaho,  1911,  p.  301. 

361  Laws  of  Idaho,  1911,  pp.  302,  303. 

362  Laws  of  Idaho,  1911,  p.  308. 

363  Equity,  Vol.  18,  p.  204. 

364  Constitution  of  Washington,  Art.  XI,  Sec.  10. 


NOTES  AND  REFERENCES  261 

365  These  five  cities  are  Seattle,  Tacoma,  Spokane,  Bellingham,  and 
Everett. — Abstract  of  the  Thirteenth  Census  of  the  United  States,  1910, 
Supplement  for  Iowa,  p.  75. 

366  Beard 's  Digest  of  Short  Ballot  Charters,  p.  38301 ;  Laws  of  Wash- 
ington, 1911,  Ch.  116. 

367  State  ex   rel   Lynch   v.   Fairley,   76   Washington    332. 

368  Constitution  of  Washington,  Art.  I,  Sees.  33,  34. 

369  Cities  in  Washington  which  have  elected  to  come  under  the  pro- 
visions of  the  general  commission  act  are  Centralia  in  1910 ;  Chehalis, 
Hoquiam,  North  Yakima,  and  Walla  Walla  in  1911. — Equity,  Vol.  18,  pp. 
301,  302. 

370  Cited  in  Current  Literature,  Vol.  50,  p.  477. 

371  State  of  New  Jersey,  An  act  relating  to  regulating  and  providing 
for  the  government  of  cities,  towns,  boroughs,  and  other  municipalities 
within  the  State. 

372  Hennessy's  Municipal  Progress  in  New  Jersey  in  the  American 
City,  Vol.  X,  p.  501. 

373  State  of  New  Jersey,  Amendment  to  the  Act  for  the  Government 
of  cities.  Special  session  1913,  Ch.  22,  p.  3. 

374  State  of  New  Jersey,  An  Act  relating  to  regulating  and  providing 
for  the  government  of  cities,  towns,  boroughs  and  other  municipalities 
within  the  State,  pp,  19-21. 

375  These  cities  are  Hawthorne,  Margate,  Ocean  City,  Panaic,  Ridge- 
wood,  and  Trenton  in  1911 ;  Atlantic  City,  Ridgefield  Park,  Borough  of 
Deal,  Long  Branch,  Nutley,  Longport,  and  Wildwood  in  1912 ;  Sea  Isle 
City,  Millville,  Phillipsburg,  Beverly,  Bordentown,  Jersey  City,  and  Vine- 
land  in  1913;  Orange,  Asbnry  Park,  Belleville,  Irvington,  and  Haddon- 
field  in  1914;  Bayonne,  Bradley  Beach,  Cape  May,  New  Brunswick,  and 
Hoboken  in  1915;  Allenhurst  and  Lambertville  in  1916. — Equity,  Vol.  18, 
pp.  249-252. 

376  Laws  of  Alabama,  1911,  Act  No.  330;  Beard's  Digest  of  Short 
Ballot  Charters,  p.  33903. 

377  National  Municipal  Beview,  Vol.  I,  p.  98. 

378  Laws  of  Alabama,  1911,  Act.  No.  504. 

379  These  cities  are  as  follows:  Cordova,  Hartselle,  Talladega,  and 
Tuskaloose  since  1911;  Carbon  Hill,  Elba,  and  Sheffield  since  1912;  and 
Florence  since  191Z.— Equity,  Vol.  18,  p.  183. 

380  Laws  of  California,  1911,  Ch.  418. 

381  Laws  of  NebrasTca,  1911,  Ch.  24;  Beard's  Digest  of  Short  Ballot 
Charters,  p.  34601. 

382  Nebraska  cities  under  the  commission  form  of  government  are 
Beatrice  and  Omaha  since  1911 ;  and  Lincoln  and  Nebraska  City  since  1912 
—E quit II,  Vol.  18,  pp.  246,  247  . 

383  Cited  in  Bradford's  Commission  Government  in  American  Cities, 
p.    107. 

384  Equity,  Vol.  18,  p.  253. 


262  COMMISSION  AND  MANAGER  PLANS 

385  The  Short  Ballot  Bulletin,  June,  1913,  p.   7. 

386  Laws  of  Missouri,  1913,  p.  517. 

387  Laws  of  Missouri,  1913,  pp.  518-521. 

388  Laws  of  Missouri,  1913,  pp.  522,  523. 

389  Laws  of  Missouri,  1913,  pp.  525,  526. 

390  These  four  cities  are  Kirksville,  Monette,  and  West  Plains  since 
1914;  and  Aurora  since  1915. — Equity,  Vol.  18,  p.  243. 

391  National  Municipal  Beview,  Vol.  II,  p.  285. 

392  Equity,  Vol.  18,  pp.  280-283. 

393  Laws  of  Arkansas,  1913,  Act  No.  13. 

394  Equity,  Vol.  18,  p.  184. 

395  Statutes  of  Nevada,  1915,  pp.  294-298. 

396  Statutes  of  Nevada,  1915,  p.  297. 

397  National  Municipal  Beview,  Vol.  I,  p.  119. 

398  Laws  of  Utah,  1911,  pp.  224-233;  Beard's  Digest  of  Short  Ballot 
Charters,  p.  37101.  The  law  is  also  separately  published  in  pamphlet  form 
with  the  title,  Municipal  Government:  State  Laws  providing  for  the  Or- 
ganisation and  Begulation  of  Municipalities. 

399  Municipal  Government:  State  Laws  providing  for  the  Organisation 
and  Begulation  of  Municipalities,  p.  1. 

400  Laws  of  Alabama,  1911,  Act.  No.  163;  Beard's  Digest  of  Short 
Ballot  Charters,  p.  33901. 

401  Laivs  of  Alabama,  1911,  Act.  No.  254;  Beard's  Digest  of  Short 
Ballot  Charters,  p.  33905. 

402  In  Pennsylvania  cities  are  divided  into  three  classes:  Philadelphia, 
first  class;  Pittsburgh  and  Scranton,  second  class;  and  twenty-three  cities 
of  less  than  100,000  population  constitiite  the  third  class. 

403  Fuller's  Commission  Government  for  all  Third-Class  Cities  in 
Pennsylvania  in  The  American  City,  Vol.  IX,  p.  123. 

404  Latvs  of  Pennsylvania,  1913,  pp.  568-631.  The  law  is  also  pub- 
lished in  pamphlet  form,  with  the  title.  An  Act  providing  for  the  incor- 
poration, regulation,  and  government  of  cities  of  the  third  class. 

405  The  law,  however,  fixes  the  salaries  of  the  mayor  and  the  council- 
men  elected  under  the  provisions  of  the  act,  until  thereafter  changed  by 
ordinance,  to  be  as  follows:  For  mayor,  in  cities  having  a  population  lesa 
than  15,000,  $500;  in  cities  having  a  population  between  15,000  and 
30,000,  $1200;  in  cities  having  a  population  between  30.000  and  50,000, 
$2500;  in  cities  having  a  population  between  50,000  and  70,000.  $3000;  in 
cities  having  a  population  over  70,000,  $3500. 

For  councilmen,  in  cities  having  a  population  less  than  15,000,  $300  • 
in  cities  having  a  population  between  15,000  and  30,000,  $750;  in  cities 
having  a  population  between  30,000  and  50,000,  $2000;  in  cities  having  a 
population  between  50,000  and  70,000,  $2500;  in  cities  having  a  population 
over  70,000,  $3000.  An  Act  providing  for  the  incorporation,  regulation, 
and  government  of  ciiifs  of  the  third  class,  etc.,  pp.  25,  26,  ?>2. 


NOTES  AND  REFERENCES  263 

406  Fuller's  Commission  Government  for  All  Third-class  Cities  of 
Pennsylvania  in  The  American  City,  Vol.  IX,  p.  134. 

407  The  title  of  the  Missouri  commission  law  for  cities  of  the  second 
class  is  "An  Act  to  repeal  Article  3  of  Chapter  84  of  the  Revised  Statutes 
of  Missouri  of  1909,  with  all  amendments  thereto,  said  article  being  en- 
titled. Cities  of  the  Second  Class,  and  to  enact  in  lieu  thereof  a  new  article 
providing  for  the  government  of  the  second  class." — Laws  of  Missouri, 
1913,  pp.  420-462. 

408  Laws  of  Missouri,  1913,  pp.  439,  440. 

409  Laws  of  Missouri,  1913,  p.  461. 

410  Constitution  of  Ohio,  Art.  XVIII,  Sees.  2,  8,  9. 

411  An  Act  to  provide  optional  plans  of  government  for  municipalities, 
Ohio,  1913,  p.  1. 

412  An  Act  to  provide  optional  plans  of  government  for  municipalities, 
Ohio,  1913,  p.  3. 

413  An  Act  to  provide  optional  plans  of  government  for  municipalities, 
Ohio,  1913,  p.  21. 

414  An  Act  to  provide  optional  plans  of  government  for  municipalities, 
Ohio,  1913,  p.  6. 

415  National  Municipal  Iicview,  Vol.  V,  pp.  659,  660. 

416  Virginia  Code,  Supplement,  1916,  p.  914. 

417  Virginia  Code,  Supplement,  1916,  p.  918. 

418  Cited  in  Equity,  Vol.  18,  p.  297. 

419  Laws  of  New  Yoric,  1914,  Ch.  444. 

420  Equity,  Vol.  18,  p.  255. 

421  General  Acts  of  Massachusetts,  1915,  Ch.  267.  This  act  is  also 
published  in  pamphlet  form  under  the  title  of  "An  act  to  Simplify  the  Re- 
vision of  City  Charters". 

422  Cited  in  The  American  Political  Science  Eeview,  Vol.  IX,  p.  324. 

423  Constitution  of  Missouri,  Art.  IX,  Sees.  16,  17,  20-23. 

424  Constitution  of  California,  Art.  XI,  Sees.  8,  8a,  and  8%. 

425  Reed's  Municipal  Home  Eule  in  California  in  the  National  Munic- 
ipal Eeview,  Vol.  I,  p.  572. 

426  Equity,  Vol.  18,  pp.  186-193. 

427  Constitution  of  Washington,  Art.  XI,  Sec.  10. 

428  62  Washington  312. 

429  University  of  Washington  Extension  Journal,  Vol.  I,  pp.  166-168. 

430  Enabling  Act  ^of  the  State  of  Washington  and  Charter  of  the  City 
of  Tacoma,   Washington. 

431  Patton's  Home  Rule  in  Iowa  in  Iowa  Applied  History  Series,  Vol. 
n,  pp.  60,  61. 

432  Charter  of  the  City  of  Spokane,  State  of  Washington. 

433  Constitution  of  Minnesota,  Art.  IV,  Sec.  36. 

434  Laws  of  Minnesota,  1909,  Ch.  170. 

435  Codman's  Commission  Government  for  Cities  in  the  Proceedings  of 
Minnesota  Academy  of  Social  Science,  1911,  Vol.  V,  pp.  94,  95. 


264  COMMISSION  AND  MANAGER  PLANS 

436  The  American  Political  Science  Review,  Vol.  V,  p.  80. 

437  National  Municipal  Review,  Vol.  I,  p.  287. 

438  Charter  of  the  City  of  Duluth. 

439  Equity,  Vol.  18,  pp.  238,  239. 

440  Patton's  Home  Bule  in  Iowa,  p.  63. 

441  Co7istitution  of  Colorado,  Art.  XX. 

442  The  Charter  of  the  City  of  Colorado  Springs,  Colorado. 

443  The  Charter  of  the  City  of  Grand  Junction,  Colorado. 

444  Bucklin's  The  Grand  Junction  Plan  of  City  Government  in  The 
Annals  of  the  American  Academy  of  Political  and  Social  Science,  Vol.  38, 
p.  760. 

445  Meredith's  Denver's  New  Charter  in  the  National  Municipal  Be- 
view,  Vol.  V.  pp.  471-475. 

446  Equity,  Vol.  18,  pp.  195-198. 

447  Constitution  of  Oregon,  Art.  XI,  Sec.  2;  Lord's  Oregon  Laws, 
Sees.   3481,  3482. 

448  Beard 's  Digest  of  Short  Ballot  Charters,  p.  38201. 

449  The  Charter  of  the  City  of  Portland,  Oregon. 

450  Constitution  of  Oklahoma,  Art.  XVIII,  Sec.  3  (a). 

451  The  American  Political  Science  Review,  Vol.  VIII,  p.  466. 

452  MacGregor's  Commission  Government  in  the  West  in  The  Annals 
of  American  Academy  of  Political  and  Social  Science,  Vol.  38,  p.  739. 

Oklahoma  cities  under  the  commission  form  are  as  follows:  Ardmore  in 
1908;  Enid  and  Tulsa  in  1909;  Bartlesville,  Duncan,  El  Eeno,  Guthrie, 
Miami,  Muskogee,  McAlester,  Purcell,  Sapulpa,  and  Wagoner  in  1910; 
Holdenville,  Layton,  Oklahoma  City,  and  Stillwater  in  1911;  Ada,  Okmul- 
gee, and  Pawhuska  in  1912;  Wewoka  and  Weatherford  in  1913. — Equity, 
Vol.  18,  pp.  263-267. 

453  Constitution  of  Michigan,  Art.  VIII,  Sees.  20,  21. 

454  Laws  relating  to  the  incorporation  and  general  powers  of  cities  in 
Michigan  (Revision  of  1913),  Part  III,  pp.  146-167. 

455  Michigan  cities  adopting  commission  charters  under  the  home  rule 
provisions  are  as  follows:  Harbor  Beach  and  Port  Huron  in  1910;  Pontiac, 
East  Jordan,  Fremont,  and  Wyandotte  in  1911;  Monroe,  Marquette,  Owosso, 
Saginaw,  and  Traverse  City  in  1913 ;  Adrian  in  1914 ;  and  Munising  in  1915. 
—Equity,  Vol.   18,   pp.   231-235. 

456  Laws  of  Texas,  1913,  pp.  207-317. 

457  Eqriity,  Vol.  18,  pp.  284  flf. 

458  Constitution  of  Arizona,  Art.  XIII,  Sees.  2,  3. 

459  Patton's  Home  Rule  in  Iowa  in  Iowa  Applied  History  Series, 
Vol.  II,  p.  66. 

460  Constitution  of  Ohio,  Art.  XVIII,  Sees.  8,  9. 

461  Equity,  Vol.  18,  p.  260. 

462  Constitution  of  Nebraska,  Art.  XI  a. 

463  Beard's  Digest  of  Short  Ballot  Charters,  p.  33301. 


NOTES  AND  REFERENCES  265 

464  Beard's  Digest  of  Short  Ballot  Charters,  p.  33305. 

465  An  Act  of  the  General  Assembly  of  North  Carolina  to  Amend  the 
Charter  of  the  City  of  Wilmington  and  Amendments  thereto  establishing 
Commission  Form  of  Government. 

466  Laws  of  West  Virginia,  1909,  Ch.  3. 

467  Laws  of  West  Virginia,  1909,  p,  1. 

468  Bradford's  Commission  Government  in  American  Cities,  pp.  90,  91. 

469  Beard 's  Digest  of  Short  Ballot  Charters,  p.  33201. 

470  City  Code  and  Charter,  Cumberland,  Maryland,  p.  56. 

471  City  Code  and  Charter,  Cumberland,  Maryland,  p.  57. 

472  Equity,  Vol.  18,  p.  227. 

473  National  Municipal  Review,  Vol.  I,  pp.  107,  108. 

474  Laws  of  Florida,  1911,  Act.  No.  266,  Ch.  6385. 

475  Laws  of  Flmida,  1911,  Act.  No.  235,  Ch.  6363. 

476  Laws  of  Florida,  1911,  Act.  No.  244,  Ch.  6363. 

477  National  Municipal  Review,  Vol.  I,  pp.  104,  105. 

478  Equity,  Vol.  18,  pp.  201  ff. 

479  Laios  of  Georgia,  1911,  Act.  No.  176. 

480  Laws  of  Georgia,  1911,  Act.  No.  293. 

481  Equity,  Vol.  18,  p.  247. 

482  Beard's  Digest  of  Short  Ballot  Charters,  p.  3600Q 

483  Charter  of  the  City  of  Dallas,  Art.  8. 

484  Charter  of  the  City  of  Dallas,  Art.  9.  / 

485  Charter  of  the  City  of  Dallas,  Art.  2,  Sec.  8. 

486  Hamilton's  Government  by  Commission,  p.  9. 

487  Beard's  Digest  of  Short  Ballot  Charters,  p.  36013. 

488  Beard's  Digest  of  Short  Ballot  Charters,  p.  36005. 

489  Beard's  Digest  of  Short  Ballot  Charters,  p.  38401. 

490  City  of  Haverhill,  Massachusetts :  City  Charter,  1914, 

491  An  Act  to  Amend  the  Charter  of  the  City  of  Gloucester. 

492  National  Municipal  Review,  Vol.  I,  p.  108. 

493  Memphis  Charter:  Amendment  to  the  Charter  of  the  City  of 
Memphis,  Tennessee,  being  Senate  Bill  No.  574,  Chapter  298,  Acts  of  the 
Legislature,  Year  1909. 

494  Equity,  Vol.  18,  p.  282. 

495  Political  Science  Quarterly,  Vol.  25,  p.  373. 

496  The  American  City,  Vol.  IV,  p.  145. 

497  National  Municipal  Review,  Vol.  I,  p.  148. 

498  The  American  Political  Science  Revietv,  Vol.  VIII,  p.  454. 

499  Upson's  The  City  Manager  Charter  of  Dayton  in  The  Annals  of 
the  American  Academy  of  Political  and  Social  Science:  Commission  Gov- 
ernment and  City  Manager  Plan,  p.  192. 


266  COMMISSION  AND  MANAGER  PLANS 

CHAPTER  VI 

500  See  James's  The  City  Manager  Plan,  the  Latest  w  American  City 
Government  in  The  American.  Political  Science  Eeview,  Vol.  VIII,  pp. 
602  ff. 

501  The  Coming  of  City  Manager  Plan  in  the  National  Municipal  Be- 
view,  Vol.  Ill,  p.  45. 

502  Foulke's  Evolution  in  City  Charter  Making  in  the  National  Munic- 
ipal Beview,  Vol.  IV,  pp.  20,  21. 

503  The  Coming  of  City  Manager  Plan  in  the  National  Municipal  Be- 
view, Vol.  Ill,  pp.  46-48. 

504  Toulmin's  The  City  Manager,  p.  4. 

505  Laws  of  New  Mexico,  1909,  p.  240. 

506  Bradford's  Commission  Government  in  American  Cities,  p.  107. 

507  The  position  of  city -manager  in  Roswell  has  since  its  creation  been 
filled  by  W.  M.  Atkinson,  an  ex-mayor  of  Roswell  and  the  chairman  of  the 
board  of  county  commissioners.  He  is  employed  at  a  salary  of  $1800  per 
year;  but  the  peculiar  feature  is  that  he  has  the  privilege  of  continuing  his 
oflBce  as  county  commissioner  and  of  attending  to  other  public  duties. — The 
American  City,  Vol.  XII,  pp.  502-503. 

508  Holsinger's  General  Manager  Plan  of  Government  of  Staunton, 
Virginia,  p.  1. 

509  Constitution  of  Virginia,  Art.  VIII,  Sees.  120,  121. 

510  Bradford's  Commission  Government  in  American  Cities,  p.  119. 

511  The  ordinance  creating  the  general  manager  in  Staunton  may  be 
found  in  Holsinger's  General  Manager  Plan  of  Government  of  Staunton, 
Virginia,  pp.  7,  8;  and  also  in  Woodruff's  City  Government  by  Commission, 
pp.  304,  305. 

512  Toulmin's  The  City  Manager,  p.  17. 

513  Holsinger's  General  Manager  Plan  of  Government  of  Staunton, 
Virginia,  pp.  9,  10. 

514  Crosby's  Staunton  Plan  of  Municipal  Government  in  The  Annals 
of  American  Academy  of  Political  and  Social  Science:  Commission  Gov- 
ernment and  the  City  Manager  Plan,  Revised  Edition,  1914,  p.  208. 

515  Childs's  The  Lockporl  Proposal  in  The  American  City,  Vol.  IV,  p. 
285. 

516  A  digest  of  the  Lockport  Proposal  is  found  in  Beard's  Digest  of 
Short  Ballot  Charters,  p.  61001. 

517  The  Lockport  Proposal  in  Beard's  Digest  of  Short  Ballot  Charters, 
p.  61003. 

518  Childs's  The  Lockport  Proposal  in  The  American  City,  Vol.  !  V,  p. 
286. 

519  Lockport  rejected  Plan  C  of  the  New  York  optional  city  government 
law  on  November  3,  1913,  by  a  vote  of  2427  to  1962. — National  Municipal 
Beview,  Vol.  IV,  p.  101. 

520  Laws  of  South  Carolina,  1912,  Ch.  453,  See.  30. 

521  The  Short  Ballot  Bulletin,  June,  1913,  p.  7. 


NOTES  AND  REFERENCES  267 

522  The  Short  Ballot  Bulletin,  August,  1912,  p.  3. 

523  Gilbertson's  Commission  Government  with  a  City  Manager,  p.  5. 

524  The  Short  Ballot  Bulletin,  October,  1912,  p.  3. 

525  The  Short  Ballot  Bulleti7i,  October,  1912,  p.  2. 

526  The  American  City,  Vol.  XII,  p.  511. 

527  The  American  City,  Vol.  XII,  pp.  511-514. 

528  Beard's  Digest  of  Short  Ballot  Charters,  p.  33307. 

529  The  Short  Ballot  Bulletin,  June,  1913,  p.  5. 

530  National  Municipal  Review,  Vol.  II,  p.  472. 

531  Fanchee's  Two  Epoch-Making  Campaigns  in  Dayton,  Ohio,  in  The 
American  City,  Vol.  IX,  p.  47. 

532  Fanchee's  Two  Epoch-Making  Campaigns  in  Dayton,  Ohio,  in  The 
American  City,  Vol.  IX,  p.  49;  The  Short  Ballot  Bulletin,  June,  1913,  p.  6. 

533  The  Short  Ballot  Bulletin,  August,  1913,  p.  2. 

534  Charter  of  the  City  of  Dayton,  Sees.  3  and  9. 

535  Charter  of  the  City  of  Dayton,  Sec.  36. 

536  Toulmin's  The  City  Manager,  p.  62. 

537  Charter  of  the  City  of  Dayton,  Sec.  47. 

538  James's  Defects  in  the  Dayton  Charter  in  the  National  Municipal 
Review,  Vol.  Ill,  p.  97. 

539  Charter  of  the  City  of  Dayton,  Sec.  48. 

540  Charter  of  the  City  of  Dayton,  Sec.  53. 

541  Charter  of  the  City  of  Dayton,  Sec.  52. 

542  Charter  of  the  City  of  Dayton,  Sec.  156. 

543  Charter  of  the  City  of  Dayton,  Sec.  78. 

544  Charter  of  the  City  of  Dayton,  Sec.  44. 

545  Toulmin's  The  City  Manager,  pp.  123  fF;  National  Municipal  Re- 
view, Vol.  II,  p.  643,  Vol.  IV,  p.  268. 

546  Charter  of  the  City  of  Dayton,  Sec.  80. 

547  Upson's  Comments  on  the  Dayton  Charter  in  National  Municipal 
Review,  Vol.  IV,  pp.  266-272. 

548  National  Short  Ballot  Organization:  The  City  Manager  Plan  of 
Municipal  Government,  p.  32;  The  American  Political  Science  Review, 
Vol.  VII,  p.  654. 

549  Beard's  Digest  of  Short  Ballot  Charters,  p.  21905. 

550  The  American  City.  Vol.  TX,  p.  362. 

551  The  Charter  of  the  City  of  Springfield,  Sec.  16  (d). 

552  The  Charter  of  the  City  of  Springfield,  Sees.  23,  26,  53-73. 

553  National  Municipal  Review,  Yo\.  TIT,  p.  768. 

554  Charter  of  the  City  of  Sandusky. 

55.5     Nationol  Mvnicipnl  'Beviev,  Vol.  TV.  n.  482. 

556  Hatton's  The  Ashtabula  Plan  in  the  National  Municipal  Review, 
Vol.  V,  pp.  57.  58. 

557  Hoag's  The  City  Manager  Plan  with  Proportional  Representation 
in  Beard's  Digest  of  Short  Ballot  Charters,  pp.  21306  ff. 


268  COMMISSION  AND  MANAGER  PLANS 

558  Hatton's  The  First  Proportional  Bepresentation  in  America  in 
The  Ashtabula  Plan  of  Municipal  Government,  published  by  the  Ashtabula 
Chamber  of  Commerce,  p.  3. 

559  Charter  of  the  City  of  Ashtaiula,  Sees.  46-1,  46-2. 

560  Hatton's  The  Ashtabula  Plan — The  Latest  Step  in  Municipal  Or- 
ganization in  the  National  Municipal  Eeview,  Vol.  V,  pp.  59  ff. 

561  Charter  of  the  City  of  Ashtabula,  Sec.  3. 

562  National  Municipal  Eeview,  Vol.  IV,  p.  653. 

563  National  Municipal  Eeview,  Vol.  V,  pp.  476,  477. 

564  Gilbertson's  The  City  Manager  Plan  to  Date  in  Beard's  Digest  of 
Short  Ballot  Charters,  p.  21906. 

565  Arizona  Eepublican,  September  12,  1913. 

566  Beard's  Digest  of  Short  Ballot  Charters,  p.  38501. 

567  National  Municipal  Eeview,  Vol.  IV,  p.  296;  The  American  City, 
Vol.  Xn,  p.  501. 

568  Beard's  Digest  of  Short  Ballot  Charters,  p.  37007. 

569  Digest  of  the  Defeated  charter  may  be  found  in  the  National  Short 
Ballot  Organization:  The  City  Manager  Plan,  p.  22;  Gilbertson's  The  City 
Manager  Plan  to  Date  in  Beard 's  Digest  of  Short  Ballot  Charters,  p.  21906. 

570  Charter  of  the  City  of  BaJcersfield. 

571  Equity,  Vol.  18,  p.  193. 

572  Beard's  Digest  of  Short  Ballot  Charters,  p.  38023. 

573  National  Municipal  Eeview,  Vol.  V,  p.  680. 

574  Charter  of  the  City  of  La  Grande,  Ch.  3,  Sec.  8. 

575  Charter  of  the  City  of  La  Grande,  Ch.  5,  Sec.  10. 

576  Charter  of  the  City  of  La  Grande,  Ch.  8,  Sec.  4. 

577  Charter  of  the  City  of  La  Grande,  Ch.  8,  Sec.  4. 

578  Beard's  Digest  of  Short  Ballot  Charters,  pp.  35015,  35016. 

579  New  Charter  of  the  City  of  Manistee. 

580  Equity,  Vol.  18,  p.  234. 

581  Charter:  City  of  JacTcson,  Michigan. 

582  Charter:  City  of  Jackson,  Michigan,  Section  55. 

583  National  Municipal  Eeview,  Vol.  V,  p.  102. 

584  National  Municipal  Eeview,  Vol.  V,  p.  659. 

585  Charter  for  City  of  Grand  Eapids,  Michigan,  Title  V,  Sec.  3. 

586  Charter  for  City  of  Grand  Eapids,  Michigan,  Title  VI,  Sec.  1. 

587  Charter  for  City  of  Grand  Eapids,  Michigan,  Title  V,  Sec.  19. 

588  National  Municipal  Eeview,  Vol.  II,  p.  285. 

589  The  American  City,  Vol.  XII,  p.  506. 

590  Proceedings  of  the  First  Annual  Conference  of  the  City  Manager 
Association,  1914,  p.  15. 

591  The  American  City,  Vol.  XII,  p.  503. 

592  Beard 's  Digest  of  Short  Ballot  Charters,  p.  36029 ;  Equity,  Vol.  18, 
p.  292. 

593  National  Municipal  Eeview,  Vol.  IV,  pp.  296,  381. 

594  Equity,  Vol.  18,  pp,  293-295. 


NOTES  AND  REFERENCES  269 

595  Beard's  Digest  of  Short  Ballot  Charters,  p.  36119;  The  American 
City,  Vol.  X,  p.  193;  Vol.  12,  p.  507. 

596  National  Municipal  Review,  Vol.  Ill,  p.  592. 

597  The  Short  Ballot  Bulletin,  June,  1915. 

598  Beard's  Digest  of  Short  Ballot  Charters,  p.  33603. 

599  The  Short  Ballot  Bulletin,  August,  1916,  p.  3. 

600  The  American  City,  Vol.  XII,  pp.  505,  506. 

601  Laws  of  North  Carolina,  1915,  Ch.  341;  Beard's  Digest  of  Short 
Ballot  Charters,  p.  33309. 

602  Greater  Wheeling  Charier,  1915. 

603  Greater  Wheeling  Charter,  Sec.  14. 

604  Wilson 's  The  City  Manager  Form  of  Government  at  Clarinda,  Iowa. 

605  Proceedings  of  the  City  Managers'  Association,  1915,  p.  68. 

606  The  American  City,  Vol.  XII,  pp.  501,  502. 

607  Supplemental  Supplement  to  the  Code  of  Iowa,  1915,  p.  46. 

608  House  File,  1915,  No.  408. 

609  The  Short  Ballot  Bulletin,  April,  1915. 

610  Supplemental  Supplement  to  the  Code  of  loxva,  1915,  pp,  86-95. 

611  Toulmin's  The  City  Manager,  p.  62. 

612  Prendergast 's  New  Municipal  Finance,  p.  5. 

613  Although  no  provision  is  made  in  the  law  for  the  removal  of  the 
officials  through  the  process  of  popular  recall,  the  councilmen  and  manager 
are  still  subject  to  removal  from  the  office  by  the  district  court  in  accord- 
ance with  the  general  methods  of  removal  of  public  officials  in  Iowa, 
especially  by  the  Cosson  Eemoval  Law  of  1909.  See  Patton's  Eemoval  of 
Public  Officials  in  Iowa  in  the  Iowa  Applied  History  Series,  Vol.  II,  No.  7. 

614  The  material  for  this  section  was  taken  from  the  following  sources: 
An  Act  to  provide  optional  plans  of  government  for  municipalities,  Ohio, 
WIS;  Laws  of  New  YorJc,  1914,  Ch.  444;  Laws  of  New  York,  1916,  Ch.  156; 
An  Act  to  Simplify  the  Revision  of  City  Charters,  Massachusetts,  1915; 
Virginia  Code,  Supplement,  1916,  pp.  914-919. 

615  National  Municipal  Review,  Vol.  FV,  p.  101. 

616  National  Municipal  Review,  Vol.  IV,  p.  474. 

617  National  Municipal  Review,  Vol.  V,  p.  102. 

618  Equity,  Vol.  18,  p.  298. 

619  James's  What  is  the  City  Manager  Plan?  in  Bulletin  of  the  Univer- 
sity of  Texas,  1915,  No.  11,  p.  19. 

620  Cited  in  Childs's  Professional  Standards  and  Professional  Ethics 
in  the  New  Profession  of  City  Manager  in  the  National  Municipal  Review, 
Vol.  V,  p.  195. 

621  Childs's  Professional  Standards  and  Professional  Ethics  in  the  New 
Profession  of  City  Manager  in  the  National  Municipal  Review,  Vol.  V, 
p.  196. 

622  By-Laws  of  the  City  Managers'  Association,  Art.  1. 

623  Embrey's  How  a  Little  City  is  Progressing  under  a  City  Commis- 
sioner in  The  American  City,  Vol  IX,  p.  25. 


270  COMMISSION  AND  MANAGER  PLANS 

624  The  ordinance  of  the  city  council  of  Charlottesville  creating  the 
office  of  municipal  business  manager  may  be  found  in  Patton's  Municipal 
Btisiness  Manager  in  the  National  Municipal  Review,  Vol,  IV,  p.  52. 

625  The  American  City,  Vol.  X.  p.  87;  Vol.  XII,  p.  502. 

626  Proceedings  of  the  City  Managers'  Association,  1915,  p.  72;  The 
American  City,  Vol.  XII,  pp.  504,  505. 

627  Proceedings  of  the  City  Managers '  Association,  1915,  pp.  SI,  82 ;  The 
American  City,  Vol.  XII,  p.  502. 

628  Cited  in  Mitchell's  A  Suburban  Village  with  a  "Man  on  the 
Job"  in  The  American  City,  Vol.  IX,  p.  327. 

629  The  American  City,  Vol.  X,  p.  193 ;  Vol.  XII,  p.  506. 

630  Cited  in  Kressly 's  How  the  City  Manager  plan  is  Working  in  a 
Small  California  Municipality  in  The  American  City,  Vol.  XII,  p.  102. 

631  The  American  City,  Vol.  XIII,  p.  419. 

CHAPTEE  VII 

632  Poore's  Charters  and  Constitutions,  Vol.  II,  p.  1519. 

633  Toulmin  's  The  City  Manager,  p.  90. 

634  Cooper 's  Objections  to  Commission  Government  in  The  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  Vol.  28,  p.  854. 

635  Proceedings  of  the  City  Managers'  Association,  1914,  pp.  4,  5. 

636  Blackmar's  City  Manager,  a  New  Career  in  Public  Service  in  the 
Proceedings  of  the  National  Conference  on  University  and  Public  Service, 
1914,  pp.   278,  279. 

CHAPTER  Vni 

637  Wilcox's  The  Study  of  City  Government,  p.  232. 

638  Durand's  Council  vs.  Mayor  in  the  Political  Science  Qvarterly, 
Vol.  XV,  p.  432. 

639  Howe's  The  Modern  City  and  its  Problems,  p.  51. 

640  Ford's  Principles  of  Municipal  Organization  in  The  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  Vol.  23,  p.  195. 

641  Wilcox's  The  Study  of  City  Government,  p.  229. 

642  Howe's  The  Modern  City  and  its  Problems,  p.  51.  It  has  further 
been  pointed  out  that  * '  the  system  exerts  an  important  influence  in  deter- 
mining the  character  of  the  men  who  are  attracted  to  the  public  service." 
— Ryan's  Municipal  Freedom,  p.  50. 

643  Ford's  Principles  of  Municipal  Organisation  in  The  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  Vol.  23,  p.  215. 

644  Horack  's  Beorganisation  of  State  Governmevt  in  Iowa  in  the  Iowa 
Applied  History  Series,  Vol.  II,  p.  13. 

645  See  A  Municipal  Program:  Beport  of  a  Committee  of  the  National 
Municipal  League,  adopted  by  the  League,  November  7,  1889,  together  with 
explanatory  and  other  papers. 

646  Wilcox's  The  Study  of  City  Government,  p.  231. 


NOTES  AND  REFERENCES  271 

647  Wilcox's  The  Study  of  City  Government,  p.  228. 

648  Goodnow's  City  Government  im  the  United  States,  p.  199. 

649  Some  of  the  typical  claims  of  gains  resulting  from  the  adoption  of 
the  commission  form  may  be  found  in  Bruere's  The  New  City  Government, 
pp.    72-76. 

650  Lowell's  Expert  Adtmnistratioii  in  Popular  Government  in  The 
American  Political  Science  Review,  Vol.  VII,  p.  62. 

651  James 's  Proportional  Representation :  A  Fundamental  or  a  Fad  in 
the  National  Mtmieipal  Review,  Vol.  V,  p.  277. 

652  The  word  "city"  is  here  used  to  indicate  a  place  having  2500  or 
over  inhabitants. — See  Thirteenth  Census  of  the  United  States,  Vol.  I, 
pp.  97  ff. 

653  Dillon's  A  Treatise  on  the  Law  of  Municipal  Corporation,  Vol. 
I,  p.  55. 

654  Dillon 's  A  Treatise  on  the  Law  of  Municipal  Corporation,  Vol.  I, 
pp.  55,  56. 

655  Taussig's  Principles  of  Economics,  Vol.  II,  p.  410. 

656  McBain's  Evolution  of  Types  of  City  Government  in  the  National 
Muhicipal  Revieiv,  Vol.  VI,  pp.  29,  30. 

657  Munro's  The  Government  of  Americam  Cities,  pp.  .304-308. 

658  Goodwin  's  Unforeseen  Tendencies  of  Bemocracy.  p.  171. 

659  Munro's  The  Government  of  American  Cities,  p.  304. 

660  Munro's  The  Government  of  American  Cities,  p.  308. 

661  Munro's  Principles  and  Methods  of  Municipal  Administration,  p.  18. 

662  Matthews 's  Municipal  Charters,  p.  18. 

663  Hutson  's  New  Orleans '  Experience  under  Commission  Government 
in  the  National  Municipal  Review,  Vol.  VI,  p.  74. 

664  Some  of  the  benefits  of  municipal  researches  for  New  York  City 
are  as  follows: 

1.  Establishment  of  the  principle  that  the  majority  has  no  right  to 
impose  wasteful  and  incompetent  government  upon  the  minority — through 
the  removal  by  Governor  Hughes  of  Borough  President  Aheam  on  evi- 
dence of  incompetence  and  waste  first  furnished  by  the  Bureau. 

2.  Keorganization  of  the  department  of  finance  with  notable  improve- 
ments in  its  methods  of  inspection,  audit,  payment,  collection,  reports,  etc. 

3.  Accounting  revision  for  all  city  departments  with  time  sheets  and  ser- 
vice records  as  the  basis  for  auditing  payrolls. 

4.  Budget  reform,  budget  exhibits,  budget  publicity,  budget  confer- 
ences of  social  workers,  clergymen,  and  taxpayers. 

5.  Conversion  of  the  commissioners  of  accounts  office  from  a  handicap 
to  civic  progress  into  a  potent  agent  for  efficiency  and  honesty. 

6.  An  increase  of  $2,000,000  a  year  in  revenues  due  to  the  organiza- 
tion of  water  collection  methods. 

7.  System  and  economy  substituted  for  waste  and  chaos  in  the  repairs 
and  stores  methods  of  the  water  department  and  in  the  purchasing  and 
repair  methods  of  the  police  department. 


272  COMMISSION  AND  MANAGER  PLANS 

8.  Establishment  of  a  bureau  of  child  hygiene  in  the  department  of 
health  and  the  extension  of  its  work  for  school  children  and  infants. 

9.  Cessation  of  many  slaughter  house  evils  through  more  efficient  inspec- 
tion by  the  department  of  health. 

10.  Recovery  of  $723,000  from  street  railway  companies  for  paving  done 
at  public  expense  between  the  companies'  rails,  and  suits  pending  foy 
$300,000. — Bruere's  The  New  City  Government,  p.  101. 

665  Munro's  Principles  and  Methods  of  Municipal  Administration, 
p.  17. 

666  Ryan 's  Municipal  Freedom,  pp.  53,  54. 

667  Munro's  Ten  Years  of  Commission  Government  in  the  National 
Municipal  Review,  Vol.  I,  p.  564. 

668  Shambaugh's  Commission  Government  in  Iowa:  The  Bes  Moines 
Plan,  pp.  32,  33. 

669  Goodnow's  Politics  and  Administration,  p.  9. 

670  In  an  address  before  the  Boston  Economic  Club,  January  11,  1907, 
cited  in  MacGregor's  City  Government  by  Commission,  p.  17. 

671  Matthews 's  The  City  Government  of  Boston,  p.  182. 

672  Goodnow's  Politics  and  Administration,  p.  15. 

673  Durand's  Council  vs.  Mayor  in  the  Political  Science  Quarterly,  Vol. 
XV,  p.  681. 

674  Durand's  Council  vs.  Mayor  in  the  Political  Science  Quarterly, 
Vol.  XV,  p.  685. 

675  McBain's  Evolution  of  Types  of  City  Government  in  the  National 
Municipal  Review,  Vol.  VI,  pp,  28,  29. 

676  McBain's  Evolution  of  Types  of  City  Government  in  the  National 
Municipal  Review,  Vol.  VI,  p.  30. 


INDEX 


Accountant,   176 

Accounting,  provisions  for,  178;  meth- 
ods of,  181,  236;  desirability  of  uni- 
formity in,  196 

Accounts   and   finances,  85 

Administration,  definition  of  16,  17, 
240;    departments   of,   60 

Administrative  council,  composition 
of,  180;  meeting  of.  180 

Administrative  departments,  designa- 
tions of,  85,   100;   provision   for,   189 

Administrative  experts,  election  of, 
69 

Administrative  officials,  appointment 
of,    193 

Administrative  system,  abolition  of. 
51,   adoption  of,  51 

Advisory  committees,  appointment  of, 
194 

Alabama,  scope  of  commission  laws 
in,  116;  laws  in,  concerning  com- 
mission government,  116-118;  cities 
in,  under  commission  government, 
118;   commission   laws  in,   127,   128 

Albion  (Michigan),  adoption  of  city- 
manager  charter  in,  194;  popula- 
tion of,  194 

Aldermen,  reference  to,  20,  21,  45,  48; 
functions  of,  21,  22,  23;  vacancies 
among,  22;  election  of,  22,  26,  66, 
83;  term  of  office  of,  22,  27,  66,  201; 
powers  of,  27,  29,  30;  qualifications 
of,  30;  local  interest  of,  65;  com- 
pensation of  69.  78;  duties  of.  69; 
number  of,  77;  deposit  required  of, 
167;  appointive  power  of,  201;  meet- 
ings of  board  of,  201 

Alhambra  (California),  adoption  of 
commission  government  in,  139; 
city-manager  in,  220 

Allen,  S.  B..  charter  framed  by,  81 

Allen    Act,   passage  of.    114 

Alleys,  expenses  for,  162;  maintenance 
of,   176;   inspection   of,  203 

Allied  Civic  Bodies  Committee,  effort 
directed   by.   128 

Allison,  Edward  P.,  article  by,  249 

Amarillo  (Texas),  city-manager  plan 
in,   198 

Amerif-an  politics,  feature  of,  231 

Annapolis   (Maryland),  22 

Apnlachicola  (Florida),  special  com- 
mision   charter  granted   to.  150 

Appointive  officials,   conduct   of,   187 

Appraisers,    board    of,    74 

Appropriations,  provisions  for,  178, 
185:  public  hearings  on,  179 

Arizona,  .".dmission  of.  into  tho  T^nion. 
146;  provisions  of  constitution  of. 
146:  establishment  of  home  rule 
charter  system  in,  146;  spread  of 
city-manager  plan  in,  186-188:  agi- 
tation for  citv-manager  in  cities  of, 
186,187:    capital   of,    187 

Arkansas,  laws  in,  concerning  com- 
mision    government,    123,    124;    city- 


manager  plan  in,  220;  commission- 
manager   charter  authorized    by,  220 

Art  ;iiul  mu.scuiii  commissioners,  ap- 
pointment  of   board    of,    197 

Asheville  (North  Carolina),  special 
charter  granted  to,  147 

Ashtabula  (Ohio),  proportional  sys- 
tem in.  183 

Ashtabula    Plan,    The,    267 

Assembly,  votes  in,  155 

Asscssuii-nt,    provisions   for,    193 

Assessors,  election  of,  30,  33,  85;  ap- 
pointment of,  60,  189,  192,  195,  206; 
duties  of,  S3,  84;  term  of  office  of, 
12;!;  department  under  control  of, 
196 

Assistant  solicitors,  appointment  of, 
206 

Attorney,  appointment  of,  188,  189, 
190,  191.  192,  194,  201;  department 
under    control    of,    196 

Attorney -General,  opinion  of,  neces- 
sary,   104 

Auditing    committee,    164 

Auditors,  term  of  office  of,  38:  elec- 
tion of,  38.  85.  126:  appointment  of, 
60,  132,  185,  189,  201;  duties  of,  83, 
84 ;  provision  for,  180,  181 ;  reference 
to.   187 

Austin  (Texas),  commission  govern- 
ment in,  105;  charter  granted  to, 
152 


Baily,  W.  H.,  discus.sion  by,  80;  char- 
ter framed  by,  81 
Baker    (Oregon),    provisions    of    char- 
ter of,  143,   144 
Bakerstield    (California),    adoption    of 
home  rule  city-manager  charter  bv, 
189 
Ballots,     reference     to,     72,     98.     118; 
names  of  candidates  on,  83,  119,  129, 
142,    205;    designations   on.    123,    184; 
provisions   for   forms   of,    236 
Baltimore      (Maryland),      charter      of 
(1797).   27;    provisions   of  charter   of 
(1797),    27,    28;    reference    to,   33,   39; 
population    of,    35;    water-works    of. 
35;    park    systems    of,   35 
"Banning    Law."    application    of,    119 
Batps.    Frank    G.,    article    by.    257 
Baton    Rouge    (Louisiana),    109 
Beard,  Charles  A.,  comment  by,  13 
Beaufort    (South    Carolina),   feature  of 
ch.irter    of.    200;    failure    of    govern- 
ment  of.   201 
Bellingham       (Washington),      charter 

framed  by,  1.39 
Renet.    Christie,    nrticlo    by.    2.">9 
Berkeley        (California)        commission 
plan     considered     in,     138;     election 
plan  of.  139 
Berryhill.    .Tames    G.,    report    of,    79; 
discussion    by,    SO:    charter    framed 
by.   81;   article  by,   255 


(273) 


274 


COMMISSION  AND  MANAGER  PLANS 


Bicameral  council,  28 

Bicameral  system,  reference  to,  26,  27; 

abolition    of,    48 
Big    Rapids    (Michigan),    adoption    of 

commission-manager    plan    in,    183 
Birmingham    (Alabama)),    commission 

laws   applicable   to,   116,   127;    repeal 

of  act  for,  128 
Bisbee    (Arizona),    failure    of    charter 

of,  187 
Blackmar,     Frank     Wilson,     comment 

bv,   224;    article   by,  270 
Blind-voting,  63 
Block    books,   system    of,   74 
Bluefleld  (West  Virginia),  special  com- 
mission  charter  granted   to,   147 
Board,    numbers    of,    117;    powers    of, 

150 
"Board   of  Affairs,"   powers  conferred 
upon,  147  ^    ^^ 

Board  of  health,   establishment  of,  41 
Board    system,    establishment    of.    36, 
46;  inauguration  of,  37;  effect  of,  on 
municipal    administration,    42;    rea- 
sons for  failure  of,  44 
Boise    (Idaho),    adoption    of    commis- 
sion government  in,  114 
Bond  issues,  referendum  vote  required 
on,    104,   150;   commissioners  on,   202 
Bonds,  issuance  of,  70;  provisions  for, 

193    194 
Boroughs,    influence   of,    on    American 
cities,  20;  functions  of,  in  England, 
21;   reference  to,  115 
Boston     (Massachusetts),    election    of 
councilmen    in,    13;    charters   of,   20, 
29,  39,  45;  population  of,  35;  water- 
works of,  35;  reference  to,  136,  137; 
exclusion     of,     in     optional     charter 
law,  209 
Bowman,    H.    M.,    article    by,   254 
Bovnton.  W.  B.,  183 
Bradford,    Ernest    S.,    article   by,    257 
Brainard    (Minnesota),     agitation    for 

city-manager   plan   in,  197 
Bridges,    construction    of,    171 ;    main- 
tenance of,  176 
Bristol    (Tennessee),    special    commis- 
sion charter  granted  to,  154 
Brooklvn     (New    York),    charters    of, 

44,  228 
Brooklyn    County    (New    York),    crea- 
tion   of,    40 
Brownsville  (Texas),  adoption  of  com- 
mission-manager  plan   in,   199 
Bryce,  James,  comment  by,  9,  226 
Bucklin.  .Tames  W.,  article  by,  264 
Budget,  formulation  of.  222;  provision 

for,   196 
Budget-making,    provisions    for,     177, 

178,   194,   238 
Budget   system,   reference   to,   181,   189 
Buffalo    (isiew  York),  election  of  com- 
missioners   in.    14;    special    bill    for, 
1.54:     struggle     of.    for    commission 
charter.   1.54.    155:   commission   char- 
ter granted  to.  1.55 
Burlington     (Iowa),    commission    gov- 
ernment in,  96 
Business-manager,     appointive     power 
of.  199;  office  of,  199.  202,  217;  pow- 
ers of.   199;    financial   report   of.   199, 
217;  term   of  office  of,  199,  217:   du- 
ties of,  217 
Business-manager  plan,  129,  130 


Cadillac      (Michigan),       adoption       of 

city-manager  plan  in,  192 
California,  laws  of.  concerning  com- 
mission government,  118;  amend- 
ments to  the  constitution  of,  138; 
charters  framed  by  cities  of,  138; 
agitation  for  city-manager  in  cities 
of,  186;  spread  of  city-manager 
plan  in,  188-190,  219,  220 
California   legislature,   charter   ratified 

by,    189 
California,    Municipal   Home   Rule   in, 

263 
Cambridge       (Massachusetts)        adop- 
tion of  commission -manager  plan  in, 
153 
Canadian    system    of    nomination,    de- 
scription of,  167 
Canals,   maintenance  of,   176 
Candidates,  nomination  of,  91,  182,  184, 
190,    191,    192,    193.    197,    205;    filing 
fee  required  of.  119,  131 ;  election  of, 
124 ;    elimination    of.    184 
Cartesville   (Georgia),  special  commis- 
sion charter  granted  to,  150 
Cedar    Rapids    (Iowa),    population    of, 
in    1910,    35;    reference    to,    78;    com- 
mission government  in,  96 
Cemeterv  commissioners,  appointment 

of  board  of,  188 
Cemetery  sexton,  duties  of,  203 
Centralization,    movement   toward,   44, 

45 
Chamber    of    commerce,    proclamation 
filed    with.    170;    charter    campaign 
led   by,   172 
Charitable    institutions,    care    of,    176; 

control  of,  192 
Charleston    (South    Carolina),    popula- 
tion of,  35 
Charlottesville   (Virginia),  government 

of.  217 
Charters,  number  of,  enacted  and 
amended.  27;  number  of,  enacted 
from  18.30-18.50,  30-38;  submission  of, 
124:  ratification  of,  125;  number  of 
commissioners  designated  in,  125; 
provisions  for  compensation  of  offi- 
cers in.  125:  provision  for  powers 
of  officers  in,  125;  provision  for 
amendment  of,  125;  methods  of  se- 
curing, 131:  reference  to.  134,  223; 
types  of,  1.35:  framing  of,  137,  144; 
features  of,  145 
Charter  board,  power  conferred  upon, 

140;   work   of.   173 

Charter  commission,  statement  by.  173, 

174;   members   of,   183:   work   of,   193 

Charter  committee,  composition  of,  81 

Charter    conventions,    provisions    for, 

141 
Charter  election,  holding  of.  193 
Charter    laws,    states    with      optional 
model.     131-1.37;     execution     of     op- 
tional.  213 
Charter-making,     law    providing    for, 

124 
Chattanooga    (Tennessee),  adoption   of 

commission    government   in,    154 
Checks  and   balances,  reference  to,  2ft, 
30,  160;  results  of,  in  municipal  gov- 
ernment.   28.    29;    provision    for,    87; 
effects    of.    on    officials,    2.38 
Chelsea    (Mass.nchusetts).    adoption    of 

commission    plan    in,    153 
Cheyenne     (Wyoming),    adoption      of 
commission   government  in.   111 


INDEX 


275 


Chicago  (Illinois),  charters  of,  31,  32, 
88;  suffrage  In,  31;  water  supply  of, 
35;  reference  to,  39;  police  force  of, 
41 

Chief  magistrate,   provisions  for.  140 

Chief  of  fire  department,  appointment 
of,  CO,  189,  l'.»(),  191,  194,  -JOl:  refer- 
ence to,  74 ;  officers  suspended  by,  92 

Chief  of  police,  appointment  of,  60, 
189,  190,  191,  194;  reference  to,  74; 
officers   suspended   by,  92 

Childs,  Richard  S.,  comment  by,  215, 
216;  article  by,  245,  266,  269 

Church,  influence  of  social  leaders  in, 
77 

Circuit  court,    petition   filed   with,  211 

Cities,  neglect  of  govenmcnt  of,  7; 
problems  arising  in,  24;  gravitation 
of  population  toward,  34;  devel- 
opment of,  35,  36;  demand  for  pow- 
ers by,  36;  population  of,  HI;  ref- 
erence to,  115;  charters  framed  by. 
124;  incorporation  of,  125;  provis- 
ions for  incorporation  of.  144;  pow- 
ers granted  to,  145,  146;  aggregate 
number  of,  230 

Cities  and  towns,  authority  conferred 
upon,  203  ^    ^ 

Cities  of  the  first  class,  laws  affect- 
ing, 100,  101;  reference  to,  102,  111; 
executive  departments  in,  110;  num- 
ber of  commissioners  in,  112;  recall 
election  in,  114.  115;  government  of, 
126;    provisions   for,   163 

Cities  of  the  second  class,  laws  af- 
fecting,   101,    121;    reference    to.    102. 

105,  111;  executive  departments  In, 
110;  government  in,  126.  128;  pro- 
vision for,  135;  operation  of  charter 
law  in,  209;  number  of  councilmen 
in.   211 

Cities  of  the  third  class,  laws  affect- 
ing,  101,   121;   reference  to,   102,   105, 

106.  109.  Ill;  government  of.  126, 
128;  provision  for,  135;  operation  of 
charter  law  in,  209;  number  of  coun- 
cilmen in.  211 

Cities  of  the  fourth  class,  105,  106, 
109 

Cities  of  the  fifth  class,  board  of  trus- 
tees in,  118 

Cities  of  the  sixth  class,  board  of 
trustees  in,   118 

Citizens'  board  provisions  for,  147, 
177 

City,  topography  of,  224;  political  and 
social  organization  of,  224;  necessity 
of   charter   reform    in.    228 

City   administration,   lack   of  cohesion 

Citv'and  County  of  Denver  (Colorado), 

commission   plan   abandoned    in.   143 
City   attorney,   election    of.   32.   33.   GO; 

reference  to,  1?'.  176:   powers  of,  108 
City    Charter    Making,    Evolution    in. 

266 
City  charters,  demand  for  changes  In. 

9" 
City    commissioner,    powers     of.     216: 

functions    of,    216,    217;    reports    of. 

216.   217 
City  Commissioner,  How  a  Little  City 

is   progressing   under   a.   269 
City  council,   powers  conferred   by,   67 
Citv  engineer,  74 
City  Government,  Evolution  of  Types 

of,    271 


City  Government,  The  Grand  Junction 
Plan   of,  264 

Citv  government  in  America,  latest 
plan  of,   158 

"Citv  Hall  Gang,"  registration  books 
padded  by,  93,  94 

City  health  officer.  74 

Citv-manager,  appointment  of,  18, 
162,  175,  181,  185,  189,  190,  191,  194. 
195,  198,  200,  201,  202,  206.  212:  office 
of,  159,  214;  compensation  of,  163, 
170.  187.  189,  190,  191.  198,  201,  217, 
219;  powers  of,  163,  185,  186,  188, 
191,  192.  193.  194,  197.  201.  207.  212, 
213,  218,  221,  222;  term  of  office  of, 
166,  169,  188,  198.  202.  203,  207,  212, 
217,  241;  duties  of,  166,  167,  171,  173, 

174,  181,  187,  188,  189,  190,  19G,  200, 
201,  203,  207,  208.  222;  appoint- 
ive   power    of,    166,    169,     175,     176, 

186,  187,  189.  190.  191,  196, 
197,  202,  206,  212.  213,  218, 
219,  222,  223;  relation  of,  to  council, 
166,    241;    qualifications   of.    168.    169. 

187,  194,  207,  215,  221-225;  reports  re- 
quired of,  169.  187,  213.  219.  222; 
budget  formulated  by.  169;  adver- 
tisement for.  169,  170,  219;  title  of, 
172,  180.  198,  215;  provision  for, 
173;  definition  of,  175.  202,  206, 
216,  245;  enumeration  of,  powers 
of,  175,  176,  212,  213;  power 
of  removal  of,  175,  187,  190,  191,  196, 
213.  218,  219,  223;  power  of,  to  vote, 

175.  188.  222;  request  by,  177;  finan- 
cial report  bv.  178.  207.  208:  checks 
on.  181 ;  removal  of,  ISS.  190.  191.  198, 
203,  212;  estimates  sulmiitti'd  by, 
196;  relation  of,  to  coniniission,  200, 
241;  double  function  of.  200.  202; 
recommendation  of,  201:  reap- 
pointment of.  202;  authority  of, 
202,  203,  relation  of,  to  executive 
departments,  202,  218,  219.  223; 
election  of,  203;  bond  required  of, 
207;  oath  of  office  of,  207;  control 
of  employees  by,  212;  responsibil- 
ities of,  212,  222;  types  of,  214-220; 
list  of  cities  under,  215;  reference 
to,  216.  22.3,  224 ;  departments  under 
control  of.  217:  salaries  fixed  by, 
218;  relation  of.  to  board  of  trustees, 
219;  importance  of.  221:  education 
of.   223: 

Citv  manager  in  America,  forerunners 
of.  161 

Citv-manager  plan,  origin  of.  9;  ad- 
vantages of.  IS.  159-161.  2,34.  2.35. 
2,38.  2.39:  separation  of  powers  un- 
der. 18.  19:  reference  to.  129.  1.32. 
13."?.  135.  136.  234.  242:  progress  of, 
l."6:  definition  of.  157.  214:  origin 
and  development  of.  158-220:  ten- 
dency leadincr  to.  1.58;  administra- 
tive "efficiency  in,  158;  centralized 
responsibility  in.  160:  adaptability 
of.  160:  economy  in,  160:  ward 
elections  in,  160:  proportional  rep- 
resentation in.  160:  progenitors  of, 
161:  adoption  of.  168;  events  lead- 
ing to.  172.  173;  place  of  origin  of, 
186:  provision  for  abandoning.  209; 
procecdincrs  for  adoption  of.  210. 
211:  similarity  in.  211:  votes  for, 
213.  214:  innovation  of.  230:  sim- 
plicity of.  2.34:  reduction  of  func- 
tions "in.   235;   improvement   of,   238; 


276 


COMMISSION  AND  MANAGER  PLANS 


failure  of,  238 ;  basic  principle  of, 
240;  supremacj'  of,  241 

City-Mauager  Plan,  The,  to   Date,  268 

City-Manager  Plan,  The,  the  Latest  in 
American   City   Government,   266 

City-Manager  Plan,  The,  with  Pro- 
portional  Representation,  267 

City  Managers'  Association,  defini- 
tion   by,    216 

City    pathologist,    74 

City    physician,  election   of,  85 

City    plan    board,    provision    for,    177 

City   scavenger,   74 

City  tax  attorney,  73 

Civic  consciousness,  awakening  of,  231, 
234 

Civic  Education,  What  is,  243 

Civic  Improvement  League  of  Salt 
Lake    City,    committee    sent    by,    125 

Civic  patriotism,  importance  of,  in 
citv  government,  232;  awakening  of, 
233;  definition  of,  233 

Civil  engineer,  election  of.  38,  85;  term 
of  office  of,  38;  reference  to,  194 

Civil  service,  use  of,  15;  provision  for, 
70,  100,  110,  129,  148,  154,  180;  ex- 
emptions from  rules  of,  92;  examin- 
ations for,  92;  reference  to,  169 

Civil  service  board,  appointment  of, 
175 ;   provision  for,   195 

Civil  service  commission,  appointment 
of.  73,  123,  131,  185.  186,  190;  compo- 
sition of.  73;  functions  of.  73;  pow- 
ers of,  73 ;  provisions  for,  91.  92.  100, 
112,  122,  133,  153,  182;  control  of, 
over  officials,  109 ;  term  of  office  of, 
131 ;  duties  of,  131 ;  reasons  for  re- 
movals  filed    with,    190 

Civil  service  commissioners,  appoint- 
ment of,  92;  power  of  removal  of,  92 

Civil    service   law,    recognition    of,    108 

Civil  service  system,  provision  for, 
145 

Civil  War,  municipal  conditions  dur- 
ing. 42;  municipal  organization 
during,  46 

Clarlnda  (Iowa),  creation  of  city- 
manager  in,  202 

Clarinda  plan,  description  of,  202-204; 
reference   to,    209 

Clark,    Charles   A.,    paper   read    bv,   78 

Clark,  C.  K.,  appointment  of,  187,  188 

Clark  (South  Dakota),  citv-manager 
in,  220 

Clarke  Act,  217 

Clarksdale  (Mississippi),  commission 
government  in,  105 

Clerk,  appointment  of,  30.  132,  175, 
189.  190,  192.  194.  195,  202  205,  206; 
election  of,  32,  S5 ;  reference  to,  65, 
91;  duty  of,  83,  203;  campaign  ex- 
penses published  by,  84;  resolution 
filed  with.  88;  petition  filed  with, 
90,  130,  211;  designation  of,  114; 
candidacy  filed  with,  121;  affidavit 
filed  with,  124:  term  of  office  of, 
129;  fees  paid  to,  131;  bond  sub- 
mitted to,  164;  provision  for,  180 

Cleveland  (Ohio),  charters  of,  31,  45, 
179;  departments  created  in,  38; 
control  of  police  in,  41 ; 

Cochituate  (Mass.),  water- works  of, 
35 

Codman,    William,    article    by,    263 

Collection  of  taxes,  provision  for,  193, 
194 

Collector,  election  of,  30,  32;  appoint- 
ment of,  60 


Collinsville  (Oklahoma),  adoption  of 
city-manager  plan  in,  199 

Colonial  boroughs,  list  of,  245 

Colorado,  home  rule  charters  incor- 
porated in,  141;  constitutional 
amendments  in,  141;  adoption  of 
commission  laws  in,  141-143 ;  cities 
in,  under  commission  plan,  143 ;  agi- 
tation for  city-manager  in  cities  of, 
1S6;  spread  of  city-manager  plan 
in,  188 

Colorado  City  (Colorado),  adoption 
of  home  rule  commission  charter  in, 
143 

Colorado  Springs  (Colorado),  home 
rule   charter  of,   141 

Columbia  (South  Carolina),  commis- 
sion government  in,  109 

Columbia  Bill,   provisions  of,  168 

Commercial  organizations,  efforts  of, 
155 

Commercialism,  spirit  of,  226 

Commission,  powers  of,  104,  114,  120, 
132,  141,  197;  composition  of,  115, 
119,  122.  123,  132,  139,  141,  142,  147, 
151,  154,  168,  169,  174,  181.  182,  185, 
187,  190,  192,  193,  195,  197,  198,  199, 
200;  term  of  office  of,  115,  119,  200; 
charter  drafted  by,  131 ;  meetings 
of,  132,  175,  198;  appointive  power 
of,  132,  185,  188,  191,  193,  194,  195, 
197,  198,  208,  210;  power  of  removal 
of  133;  duties  of,  17.5,  191,  198;  de- 
partments created  by,  175;  duties 
prescribed  by,  176;  measures  pre- 
sented to,  176;  power  of,  over  ex- 
ecutive departments,  176,  177 ;  report 
required  by,  178;  duty  of,  to  audit, 
179;  president  of,  181;  officers  under 
control  of,  181,  192;  approval  of, 
186.  194,  198;  regulations  for  civil 
service  framed  by,  186;  powers  con- 
ferred on,  195;  functions  of,  195, 
206,  212;  estimates  submitted  to, 
196;  popular  control  of.  197;  execu- 
tive committee  of,  199 ;  reference  to, 
209 

Commission,  Governing  Cities  by,  256 

Commission  charter,  drafting  of,  140; 
differences  between,  144 ;  methods  of 
adoption  of.  146;  states  with  special, 
146-156;  weakness  in,  235;  concern 
of,  236 

Commission  Form  of  Government,  A 
Campaign  for  a,  259 

Commission  forms  of  government, 
sirailarily    in,    241 

Commission  government,  demand  for, 
9;  definition  of,  9,  10,  11;  means  of 
control  of,  11 ;  features  of,  11,  12,  13, 
14;  representation  in,  14;  defects  of, 
16;  collective  responsibility  in,  16, 
17;  individual  responsibility  of  com- 
missioners in.  16,  17;  need  of  cen- 
tralization in,  17;  election  of  ex- 
perts in,  17,  18;  history  of  inaugu- 
ration of.  .53,  54;  act  establi'^hing, 
81;  procedure  for  adoption  of.  82. 
83;  provision  for  abandoning.  92.  93, 
100.  101.  108.  109,  110,  113.  114,  115, 
116.  117.  120.  122.  128.  1.32;  reason 
for  popularity  of,  98;  changes  un- 
dergone by,  9S;  adoption  of.  in 
small  municipalities,  118;  provisions 
for  adopting.  125;  weak  points  in, 
157;  analogy  of.  158;  administrative 


INDEX 


277 


efficiency    in,    177;    creation    of.    227; 

history    of,    227-230;    spread    of,    in 

the    United    States,    229;    study    of, 

229;    relative    successes    of.    2ol.    2.>2 ; 

reference  to,  234;  advantages  of,  234 

Commission    Government     Association 

of  New  York  State,  purpose  of,  15.5 

Commission   government  charters,   167 

Commission     Government    for     Cities, 

244,  20.'i 
Commission  Government,  History  and 

Underlying    Principles    of,    257 
Commission     Government,     Objections 

to,    270 
Commission  Government  in   Iowa,  254 
Commission    Government    in    Kansas, 

257 
Commission  Government  in  the  West, 

259 
Commission  laws,  states  with  permis- 
sive or  optional,  99-125;  general  and 
optional,  adoption  of,  by  states, 
110;  provisions  in,  122;  obligatory 
and  self-executing,  125-131;  cities  of 
the  second  class  governed  by,  130; 
reference  to,  146 
Commission -manager  plan,  origin  of, 
9;  characteristics  of,  18;  spread  of, 
69;  reference  to,  120,  145,  216,  231; 
adoption  of,  143,  146,  198;  creation 
of,  227 
Commission  plan,  definition  of,  15; 
reference  to,  48.  132,  133,  135.  136, 
145,  166,  173,  242;  analogies  of,  49, 
50;  distinguishing  features  of.  63; 
incorporation  of.  140.  142;  adoption 
of,  143;  defect  of,  177;  results  of, 
229;  failure  of.  235;  introduction  of 
business  methods  in,  236;  theories 
concerning,  237;  popular  control 
under,  238;  objections  to,  238; 
remedy  for  shortcomings  of,  238, 
239;  cities  under,  258 
Commission  plan  of  city  government, 
early  precedents  of,  49-55;  origin 
of,  49-75;  spread  of,  97-157. 
Commission  Plan  of  City  Government, 

The,  254 
Commissioners,  election  of,  13,  14,  100, 
102,  118.  139,  140,  150.  193.  195.  198; 
term  of  office  of.  .38,  50.  100,  101.  102, 
105,  109,  111.  114,  117,  118,  123,  126, 
127,  131,  132,  142,  143.  144,  150,  151, 
174,  181,  185.  188.  192.  193,  197,  199, 
200;  analogy  of,  49;  county  govern- 
ment vested  in  boards  of,  50;  duties 
of,  51.  52;  powers  of  board  of.  59. 
115,  116,  126;  election  of  board  of, 
60;  time  devoted  by,  60;  compen- 
sation of,  60,  104,  174,  190,  192,  197; 
board  of,  61 ;  power  of  removal  of 
official  titles  of,  60,  2.51;  ap- 
pointive power  of  board  of, 
61 ;  power  of  removal  of  board 
of,  61;  causes  for  removal  of. 
61;  compensation  fixed  by  board 
of,  62;  duties  prescribed  by  board 
of,  62;  sessions  of  board  of,  62;  re- 
port required  of  board  of,  62.  63; 
bonds  required  of  boards  of,  62, 
103;  policy  determined  by.  69; 
reference  to,  72;  number  of,  100, 
102,  103,  104.  109.  120.  126.  12  (. 
144  147,  230,  236;  partial  re- 
newal of,  102,  118,  127,  142.  185.  193, 
200;  mayor  elected  by,  122;  means 
of  removal  of,   123,  147;  amendment 


proposed  by,  125;  officers  assigned 
by  board  of,  127;  composition  of 
board  of,  127;  appointment  of  suc- 
cessors to,  127;  appointment  of,  127; 
assignment  of,  130,  131;  appointive 
power  of,  133,  137;  officers  removed 
by,  137;  powers  granted  to,  149,  150, 
232 ;  request  of,  170 ;  renewal  of 
board  of,  174;  provision  for  va- 
cancy in  office  of,  174,  175 ;  candi- 
dates for,  184;  actions  prohibited  to, 
186;  officer  under  board  of,  199; 
resolution  affecting,  215;  first  In- 
stance of  election  of,  229;  distinc- 
tion in  office  of,  237;  quality  of, 
237;  conflicts  between,  244;  appoint- 
ment of  board  of,  248;  function  of 
board  of,  248,  249 
Commissions,  illustrations  of,  in  state 

and  national  affairs,  10,  11 
Committees,   departments  assigned   to, 
67;   bills   smothered  in,  125;   reports 
of,    125 
Common    council,    composition    of,    21, 

22 
Commons,  John  R.,  comment  by,  250 
Comptroller,  election  of,  195;  depart- 
ment under,  196  (see  also  controller) 
Congress,  powers  vested  by,  50;  ex- 
periment with,  230 
Conley,     Kerry,     bill     introduced     by, 

197 
Connecticut,    need    of    municipal    re- 
form   in,   156 
Constables,    election    of,    30,    32,    192, 

195 ;  reference  to,  65 
Constitution,  laws  not  consistent  with, 
59.    145;    reference    to,    95.    104,    125, 
130;    home    rule    provision    in.    115; 
provisions   of,   118,   140,   143;    powers 
granted    by,    132;    popular    vote    re- 
quired   by^    133;    charter    consistent 
with,    137;    home    rule    provision    of, 
138,    145,    187 
Contingent  fund,  items  for,   197 
Contracts,    public    inspection    of,    88; 
supervision  of,  187;  veto  power  up- 
on,  201 
Controller,    removal    of,    68;    term    of 
office  of,  129   (see  also  comptroller) 
Convention,   representation   in,  149 
Cooper,  Walter  G.,  article  by,  270 
Cooperation,    importance    of,    in    city 

affairs,    196 
Cooperative   buying,   plans  for,   196 
Corporation    counsel,    appointment   of, 

206 
Corporation  court,  judge  of.  60 
Corporations,    21;    nuiuber    of,    during 
colonial   period,   21;   influence  of.   In 
city    government,    77 
Corpus    Chrlsti    (Texas),    commission 
government  in,  105;  charter  granted 
to.  152 
Corruption,  attaclcs  on.  78 
Council,  composition  of.  27,  28,  30,  31, 
32.   66,  78,  83,   106,   107,   108,   110,   112, 
126.    129,    130.    133,    1,35,    137,   141.   142, 
147,   148,    152.    162.    166,    172,    180,    182, 
188,   1S9,   190.   192.   201.   210,   211,   241; 
appointive  power  of,  29,  32.  188,  202, 
205;    supremacy    of.     curtailed.     32; 
powers    of.    33.    44.    68,    84,    Ro,    94, 
100,  104.  115.  122.  130.  133.  136.  141.  142. 
147,   148,    152.   162,   188.    192,   202.    204, 
216.  241;  decline  of  power  of,  36;  In- 
efficiency of.  37;  powers  of.  curtailed, 


278 


COMMISSION  AND  MANAGER  PLANS 


37,  38,  39;  reference  to,  45,  58,  113, 
214  225;  predominance  of,  46;  dis- 
trust in,  46,  53;  government  by,  51, 
76;  sessions  of,  68,  69,  86,  152;  meet- 
ings of,  69,  206;  journal  proceed- 
ings of,  70,  206;  resolutions  re- 
pealed by,  71:  popular  check  on,  d; 
hearing  of,  72,  109;  power  of,  over 
civil  service  commission,  73;  boards 
created  by,  74;  duties  of,  83,  84 ; 
officers  elected  by,  85,  92,  185,  189, 
190,  192,  202,  206;  power  of  removal 
of,  85,  190;  vice-president  of,  87; 
franchise  submitted  by,  88,  111; 
law  concerning,  107;  officers  as- 
signed by,  119;  resolution  of,  128; 
legislative  power  vested  in,  129; 
salary  of  mayor  determined  by,  129; 
salarv  of  councilmen  determined  by, 
129;  consent  of,  131,  137,  162;  special 
election  designated  by,  135;  juris- 
diction of,  137;  report  submitted  to, 
162;  committees  of,  165;  functions 
of,  167,  168;  election  of,  201,  237; 
resolution  passed  by,  215;  advisory 
power  of,  217 
Council-and-mayor       plan,       business 

methods  in,  236 
Council    committees,    appointive    pow- 
er  of,   33,   34 
Councillors,   election   of,  31 
Councilmanic  plan,  133 
Councilmen,    provision    for    vacancies 
among,  22;  election  of,  22,  26,  82,  84, 
135     136,   142.   148,   152,   153,   166.    ISO. 
189,    190,    205,    211;    government    by, 
51;  number  of.  86,  110,  121.  141.  204, 
126,  136,  142,  171,  211;  term  of  office 
of.  22,  83,  106,  108,  113,  126,  129,  133, 
205;    compensation    of,    87,    206.    262; 
qualifications    of,    106,    205;    partial 
renewal  of,  108,  112.  113.  135,  137,  153, 
205;  reference  to,  168;  law  affecting. 
207 
Council  system,  abolition  of,  63 
Council  vs.  Mayor  270 
Counsel,    use    of,    61 
County  board,  appointment  of,  175 
County    board    of    supervisors,    repre- 
sentations in,   195 
County    budget    commission,    tax    rate 

fixed   by.  174 
County  commissioners,  45 
County    government,    system    of,    49 
Countv  supervisors,  election  of,  195 
Court   of   Chancery,   authorization   by, 

51.  52 
Courts,  injunction  issued  by.  94;  duty 
of.  9.'">:  .indgps  of,  114;  head  of,  174; 
reference  to.  205 
Criminals,  election  controlled  by,  77 
Crosbv.    .Tohn,    comment   by,    165;    ar- 
ticle by,  266 
Culverts,   maintenance  of.   176 
Cumberland   (Maryland),  special  char- 
ter granted   to,  148 
Cummins.   Albert  B.,  city   government 

plan  of,  80 
Curbing,    construction    of,    171 

Dallas  (Texas).  commission  gov- 
ernment in,  105;  official  visit  to,  106; 
changes  in  charter  of,  146;  adop- 
tion of  commission  plan   in,  151 

Dayton  (Ohio),  city-manager  plan  In, 
156,    172-180;  flood   in,    172;   charter 


convention  in,  173;  population  of. 
173,  194;  reference  to,  175,  176;  fi- 
nancial system  in,  178,  179;  example 
of.  183;  city-manager  of,  223;  char- 
ter  of,   236 

Dayton,  City  Manager  Charter  of,  265 

Dayton,  Ohio,  Two  Epoch-Making 
Campaigns    in,    267 

Dayton  charter,  adoption  of,  173; 
provision  of,  177;  framers  of,  178, 
179;  weaknesses  in,  180;  features  of, 
181 ;  criticism  of,  182 ;  reference  to, 
185,  194 

Dayton  Charter,  Comments  on  the,  267 

Dayton  Charter,   Defects  in   the,  267 

Dayton  plan,  separation  of  powers  In, 
174 

Dcepwater  Committee,  sub-committee 
appointed  by.  55 

Delaware,  need  of  municipal  reform 
in,  1.56 

Democracy,  Unforseen  Tendencies  of, 
248 

Denijon  (Texas),  commission  govern- 
ment in.  105;  adoption  of  commission 
plan  in,  151;  commission  charter 
granted  to,  1.52 

Denton  (Texas),  adoption  of  city-man- 
ager plan  in,  198 

Denver's   New   Charter,   264 

Des  Moines  (Iowa),  population  of,  in 
1915,  76;  old  government  of,  77;  cor- 
ruption in,  77;  meeting  of  the  Iowa 
State  Bar  Association  in,  78;  refer- 
ence to,  79,  173;  bill  presented  by 
committee  from,  79;  reform  move- 
ment in,  79;  commercial  club  of, 
joint  discussion  arranged  by,  80; 
efforts  of  citizens  of,  81;  conditions 
in,  under  old  regime,  88;  agitation 
for  reform  in,  93;  success  of  the 
new  plan  in,  98;  committee  sent  to, 
125 

Des  Moines  Capital,  The,  referendum 
taken  by,  80 

Des  Moines  charter,  provision  for  pub- 
licity  in.  91;   reference  to,  160 

Des  Moines  commercial  club,  79 

Des  Moines  News,  The,  80 

Des  Moines  plan,  reference  to,  14,  18, 
81,  99,  148,  1.50.  1.51.  160;  adoption 
of.  54.  94;  Introduction  of  features 
of  70;  origin  and  provisions  of,  75- 
96;  act  establishing.  76.  97;  sources 
of  ideas  in,  81.  82;  elective  officers 
in.  84;  commissioners  under.  85,  86; 
committees  under,  86;  number  of 
officers  in.  87;  popular  control  un- 
der, 87.  209:  aim  of.  88;  provisions 
for  recall  in.  90;  civil  service  in, 
91,  92;  constitutionality  of.  94.  95; 
oneration  of.  95,  06;  superiority  of, 
98;  features  of.  100.  149.  168;  bills 
modelled  according  to,  126:  improve- 
ments on.  139;  executive  depart- 
ments in.  1.59;  defect  of,  177;  fail- 
ure of.  178:  inception  of.  229;  work- 
ing of.  2?.7.  238 

Des    Moines    Plan    of    Municipal    Gov- 
ernment,   The,    2.55 
Detroit     (Michigan),    charters    of.    28, 
29.  39;  provisions  of  charters  of,  30; 
establishment  of  police  board  In.  41 
Dillon.    Edmond    B.,    opinion    of,    232, 

249 
Direct    legislation,    provisions    for,    <0, 
71,    72,    192,    197,    236;    propaganda 


INDEX 


279 


for,  98;  control  of,  193 
Director    of    finance,     officers     under 
direction  of,  176;  provision  for,  180; 
appointment  of,  185 
Director    of    law,    176;    provision    for, 

180 
Director  of  public  affairs,  title  of,  180 
Director    of   public   safety,    duties    of, 

176,    196 
Director   of   public   service,   duties   of, 

176,   196 
Director  of  public  v^elfare,  duties  of, 
176,   196;  officer  under  direction  of, 
176 
Director  of  publicity,  74 
Directors,    designations    of,    176 
District  Court,  decision  of,  95 
District  Court  of  Polk  County  (Iowa), 

litigation    in,    94,    95 
District   of   Columbia,   government   of, 

50 
Ditches,    maintenance   of,    176 
Douglas  (Arizona),  home  rule  commis- 
sion charter  in,  146;  failure  of  char- 
ter  of,   186,   187  ^    ,„„ 
Dovle  Committee,  purpose  of,  136;  re- 
port of,  136,  137 
Drains,   maintenance   of,   176 
Duluth   (Minnesota),  adoption  of  com- 
mission plan  in,  141 
Durand,    E.    Dana,    comment    by,    240; 
article  by,  270 


Earle,  I.  M.,  charter  framed  by,  81 
East    Cleveland     (Ohio),    adoption    of 

home  rule  city-manager  in,  185 
Eckerson  vs.   City   of  Des   Moines,  256 
Education,  department  of,  101 
Election,    notice    of,    89;    reference    to, 
93;  non-partisan,  109;  provisions  for, 
190,   210;   regulation   concerning,   205 
Electiou-at-large,   desirability   of,   13 
Election  at  random,  reasons  for,  253 
Election  at  Random,  244 
Election   district,   119 
Election  to  specific  office,  reasons  for. 

252    2.53 
Election   to    Specific   Office,   244 
Elections,    penalty    for    bribes    in,    84; 
expenses  in,  89;  supervisors  of,  210, 
211 
Electorate,  functions  of,  241,  242 
Electors,     petition     by,     82,     106,     107, 
110     121,    122,    135;    privilege    of    pe- 
tition  by,  89;  votes   of,   102;    salary 
of     commissioners     detcrniiued       by. 
103;   approval   of   law    by.    104.    141; 
petition  signed  by,  109,  111,  112,  113, 
115,     116,     117,     119,     126.     130.     132, 
140,  195,  205;  choice  of.  124;  number 
of    councilmen    determined    by,    133; 
reference    to,     134;     preferences     of, 
142;    powers    vested    in,    144,      145; 
functions  of,   190,  232;   petition   sub- 
mitted by,  204 
Eliot,  Charles  W.,  comment  by,  239 
Elizabeth    (North    Carolina),    adoption 

of  city -manager  plan   in,  201 
Ellicott'City  (Maryland),  special  char- 
ter granted    t<>.   148 
El     Paso     (Texas),    commission     gov- 
ernment in,  105,  151     ,     ^^  ^   ^       ,o- 
Elyria   (Ohio),  charter  drafted  by,  180 
Elyrla  charter,  defeat  of,  181 
Embrey.  Alvin  T.,  article  by,  269 


Engineer,  duties  of,  83,  84;  term  of 
office  of,  129 ;  appointment  of,  189, 
190.  191 

Engineering  departments,  control  of, 
192,   207;    sujiervision  of,   217 

England,  government  of  cities  in,  13; 
boroughs  in.  20,  21;  law  in.  regard- 
ing corporations,  21;  town  clerk  in, 
161;  borough  corporation  in,  181; 
powers  of  city  council  in,  232;  "se- 
lect bodies"  in.  240 

Erie  Canal,  opening  of,  35 

Estimate,  budget  presented  to  board 
of,  166 

Etowah  (Tennessee),  adoption  of  com- 
mission government  in,  154 

Euroiip.  monarchy  in,  93 

Eveleth  (Minnesota),  adoption  of 
commission    plan    in.    141 

Everett  (Washington),  adoption  of 
commission  government  in,  115; 
adoption  of  home  rule  charter  sys- 
tem  in.   139 

Executive   committee,    duties   of,    199 

Executive  departments,  designations 
of,  85,  107.  113.  121,  120.  127,  129, 
130,  137,  143,  148,  154,  176.  196;  num- 
ber of.  103.  119,  149;  reference  to, 
116:  officers  asigned  to,  122;  duties 
distributed    among,   134 

Executive  officers,  election   of,  38 

Executive  Plan,  Controlled,  245 

Executive  powers,  unification  of.  165, 
166 

Executive    veto.    28 

Expenditures,  publication  of  cam- 
paign. 84;   report  of,  196 


Fairlie.  John  A.,  31 

Fairmount  (West  Virginia),  charter 
granted    to,    148 

Fancher,   Fred   W.,  article   by,  267 

Farbar,  Jerome  H.,  opinion  of,  74; 
article  by,  254 

Faribault  (Minnesota),  adoption  of 
commission   plan  in,  141 

Federal  census,  population  according 
to,   116,   194 

Federal  Constitution,  violation  of.  94; 
provision    of,    95 

"Federal  Plan,"  features  of.  45.  46. 
132,  135;  business  methods  in,  236 

Federal  plan  of  city  government,  228 

Federal    Trade   Board,    10 

Finance,  committee  on,  164 

Finance,    department    of,    100 

Finance  and  revenue,  commissioner 
of,  60 

Finances,  provisions  for  control  of, 
179,   189,   193 

Financial  interests,  publicity  rela- 
tive to,   208 

Fire  and  police  commissioners,  pow- 
ers   of,    154 

Fire  and  police  departments,  appoint- 
ment of  employees  in,  61 

Fire    commissioner,    provision    for,    67 

Fire  department,  establishment  of,  41; 
reference  to,  64,  101;  control  of,  192, 
207 

Fire  engineer,  election  of,  38;  term  of 
office  of,  38 

Fire   marshal,   74 

Firemen,    65;    free    transportation    of. 


280 


COMMISSION  AND  MANAGER  PLANS 


Fitzpatrick,  Edward  A.,  article  by, 
243 

Florence  (South  Carolina),  special 
legislation  for,  108 

Florida,  spread  of  city-manager  plan 
in,  200  ^    ^ 

Florida  legislature,  acts  passed  by. 
149 

Ford,  Henry  Jones,  comment  by,  227 ; 
article  by,  270  ,     ..  * 

Fort  Collins  (Colorado),  adoption  of 
home  rule  commission  charter  in, 
143 

Fort  Dodge  (Iowa),  commission  gov- 
ernment in,  96 

Fort  Smith  (Arkansas),  adoption  of 
commission  government  in,  124 

Fort  "Worth  (Texas),  commission  gov- 
ernment in,  10.5;  adoption  of  com- 
mission plan  in,  151 

Forty-seventh  General  Assembly 
(Missouri),   laws   passed   by.   121 

Foulke,   William   D.,  article  by,   266 

Franchises,  granting  of,  70,  88;  pop- 
ular consent  on,  80;  submission  of, 
to  referendum  vote,  103,  104.  107, 
108,  111,  117,  12.-?,  127,  150,  l.o2,  153. 
209;  provisions  for,  113;  control  of, 
1.51,  180.  185,  193,  194;  veto  power 
upon.  201 

Fredericksburg  (Virginia),  govern- 
ment of,  216,  217  ^       ^ 

Freeholders,  charters  framed  by 
board  of,  118.  188;  powers  conferred 
upon  board  of,  140;  reference  to,  141 

Fuhrmann,   Mr.,   bill  vetoed   by,   155 

Fuller.  A.  M..  comment  by,  129,  130; 
article  by,  262 

Galveston  (Texas),  first  experiment  in 
city  government  by,  48;  reference 
to.  49.  61,  74.  82,  lO.j ;  conditions  of. 
52,  55;  commission  plan  crystallized 
In,  53;  damages  by  flood  in,  5.5.  229; 
introduction  of  charter  of,  58;  ad- 
dress to  the  people  of,  56:  act  to  in- 
corporate, .56;  amendment  to  char- 
ter of,  58;  electors  of,  60;  financial 
condition  of,  63;  annual  expenses  of, 
63;  catastrophe  in.  64;  aldermen  in, 
67;  official  visits  to,  97,  106;  success 
of  the   new   plan   in.   98 

Galveston  act,  opposition  to,  56,  57 

Galveston  charter,  reference  to,  51. 
146;  framing  of,  .54;  influence  of 
precedents  in,  .54:  framers  of,  62; 
provision  for  publicity   in,  91 

Galveston  plan,  10,  .55-64.  70,  79;  pre- 
cedents of.  .50.52:  influence  of,  53, 
54;  reason  for  adoption  of,  .54;  im- 
mediate results  of,  .57,  63,  64;  ma- 
chlnerv  of,  .59-63;  submission  of,  65, 
66;  commissioners  in,  69;  argu- 
ments against,  75;  joint  discussion 
on,  80;  modifications  in,  81;  com- 
mission in,  85;  success  of,  1.51;  event 
leading  to,  172;  votes  for.  255 

Gamblers,   opposition   by,  9.3 

Gambling  house,  abolition  of,  74 

Garbage,  collection  of,  176 

Gardiner  (Maine),  adoption  of  com- 
mission   plan   in.   149  -    „,„ 

Gas  works,  88:  supervision  of.  21h 

General  Assembly,  powers  granted  by, 
132 

General  commission  law  of  Texas, 
cities  operating  under,  2.58 


General    director,    provision    for,    180; 

residence    qualification    of,    180 
General    manager,    bond    required    of, 
164;  compensation  of,  164;  check  on, 
164;    report   required   of,  164;   duties 
of,  164,   192,   194;   character  of  office 
of,   165;   business   character   of,    191; 
appointment  of,  192,  193;  term  of  of- 
fice of,   193 
General  manager  ideas,  215 
General   superintendent,     appointment 

of,  218,  219;   supervision  by,  219 
Georgia,     charters     passed     by,     150; 
cities   in,    under   special   commission 
i-harter,   1.50 
German   method  of  advertising,  appli- 
cation of,  in  America.  1.59 
Germany,    practice    of    advertising    in, 

169 
Gilbertson,  H.  S.,  article  by,  268 
Glencoe    (Illinois^,    creation      of    city- 
manager  in,  219 
Gloucester      (Massachusetts),     charter 

granted  to,  152;  reference  to,  153 
Godkin,  Edwin  Lawrence,  comment  by, 

248 
Goodnow,   Frank   .T.,   comment   by,   23, 

49,   239 
Government,    importance    of    form    of, 
221,  225;  need  of  cooperation  in  de- 
partments  of,    240 
Government,     Expert     Administration 

in    Popular,    271 
Government     clubs,     organization     of, 

228 
Governor,  corporation  created  by,  21; 
appointive  power  of,  28,  40,  41,  117, 
127,  248;  reference  to,  44,  143,  174; 
tyrannical  acts  of,  46;  commission- 
ers appointed  by.  56,  57,  127;  au- 
thority of,  questioned.  .58:  ordinance 
submitted  to,  104:  recommendation 
by,  106;  special  message  of,  106; 
recall  petition  addressed  to,  109; 
authoritv  conferred  upon.  117; 
votes  for.  123;  bills  vetoed  by,  126; 
bills  signed  by,  126;  approval  of, 
195,  204 
Grafton       (West      Virginia),      charter 

granted    to.    148 
Grand    Haven     (Michigan),    city-man- 
ager   in,    220 
Grand  .Tunction   (Colorado),  home  rule 

ch.'irter  of.  141 
Grand    Junction    plan,    distinguishing 

features  of.   142.   143 
Grand    Rapids    (Michigan)),    adoption 
of  city-manager  plan  in,  194;  popu- 
lation   of,    194;    charter    commission 
of.    194,    195;     revised     charter     of, 
19.5.  196 
Greater    Des    Moines    Committee,    pro- 
gram  of.  79 
Green  Cove  Springs   (Florida),  special 
commission  charter  granted  to,  149 
Greensboro    (North  Carolina)),  special 

charter  granted   to,  147 
Greenville    (Texas),    commission    gov- 
ernment   in,    105;    adoption    of   com- 
mission plan  in,  151 
Gresham.    Walter,    charter    drawn    by, 

55 
Grinnell     (Iowa),     adoption     of    city- 
manager  plan  in.  209 
Grove    Citv     (Pennsylvania),     govern- 
ment of,' 218:  epidemic  in,  218 


INDEX 


281 


Hale,  Wm.  G.,  reform  movement,  fur- 
thered by,  80 
Harbor    master,    appointment    of,    60, 

201 
Hare  system,  description  of,  184 
Harris    County    (Texas),    66 
Hatiesburg    (Mississippi),   commission 

government  in,   105 
Hatton,    Augustus    K.,    article    by,   267 
Haverhill       (Massachusetts),      charter 

granted    to,   152;    reference   to.   153 
Health,  department  of,  101 ;  ordinance 
for,    130;    appointment   of    board   of, 
190 
Health    officer,    appointment    of,    185, 

189,    190,    191,    194,    201 
Health  physician,   permission  granted 

by,  57 
Heating   plant,   88 

Hickory       (North       Carolina),       city- 
mauager  plan  in,  171 ;  population  of, 
171 
High    Point     (North    Carolina),    spe- 
cial charter  granted  to,  146 
Highways,  superintendent  of,  164 
Hoag,    C.    G.,    definition    by,    183;    ref- 
erence to,  199;  article  by,  267 
Home    rule,    demand    for,    9 ;    goal'  of, 
47,   48;   modifications   of  amendment 
to,   70;   application   of,   140;    pioneer 
states   in,   250 
Home    rule    amendment,    adoption    of, 

66;  change  made  by,  73,  74 
Home  rule  charter  system,  states  with 
constitutional,     137-146;     description 
of,    137,     138;     application     of,     139; 
method  of,  146;  i-eference  to.  151 
Home    rule    charters,    application    of, 
114;    incorporation    of,   138;     provis- 
ions of,  141,  142 :  uniformity  of.  145 
Home   rule   cities,   privilege  of.   138 
Home  rule  commission  charters,  adop- 
tion  of,   145 
Home  rule  for  cities.  141 
"Home   Rule   Law,"   passage  of,   103 
Home  rule  states,  124.  156 
Horack,  F.  E.,  article  by,  270 
Hot  Springs   (Arkansas),  commission- 
manager   charter  of.  220 
House    of    correction,    provision    for, 

197 
Houston  (Texas),  adoption  of  com- 
mission plan  in,  54:  story  of.  65; 
old  government  of,  65;  need  of  re- 
form in,  65;  act  granting  charter  of, 
66;  amendment  to  charter  of.  66; 
government  in.  74;  official  visits  to, 
97,  106;  success  of  the  new  plan  in, 
98;  reference  to,  105;  changes  in 
charter  of,  146;  powers  conferred 
upon,  253.  254 
Houston,      Results      of       Commission 

Government   in,    254 
Houston     charter,     essential     features 
of,  66-74:  change  in  features  of.  67; 
provisions    for    publicity    in.    70,   91; 
special    provisions    of,    71,    2.53,    254; 
reference  to,  72 
Houston    plan,    64-75:    feature    of.    69; 
commissioners  in,  69;  change  in,  70; 
improvement   of,    73,   74;    results    of, 
74,     151;    arguments      against,      75; 
commission   in.  85 
Houston    Ship   Channel,   appropriation 

for,  74 
Howe,  James  A.,  decision  by,  95 


Hughes,    Charles    E.,    comment    by    «• 
charter   vetoed    by,    1.54  ' 

Huntington  (West  Virginia),  special 
Hn?««n"'1^M  °.  ^"^a^ter  granted  to,  147 
Hutson,  Ethel,  article  by,  271 


Idaho,    cities    in,     under    commission 
government,    114;    laws    in,   concern- 
ing commission  government,   112-114 
Illinois,    police   act   of,    1861.    41;    lawn 
in.    concerning    commission    govern- 
ment, 106-108;  General  Assemblv  of 
1U(  ;     cities    in,     under     commission 
government.  108.  2.59;  spread  of  city- 
manager   plan    in,   218,   219 
Illinois    statutes,    scope    of,    107;    pro- 
visions   of.    218  •    I    " 
Improvements,   supervision  of    193 
Improvements     and     contracts,       pro- 
visions  for,   185 
Incorporation    Act.    112 
Indebtedness,    provisions    for     145 
Indiana,  need  of  municipal  reform  In. 

loo 
Indianapolis       (Indiana),       committee 

sent    to,    80 
Indianapolis    plan,    features    of,    80 
Ingham,    Harvey,    request   by,    79-    re- 
form   movement    furthered    bv     80* 
reference  to.  81  •"         > 

Inglewood      (California),     powers     of 

city-manager  in.  219 
Initiative,  use  of,  in  city  government, 
13,    15;    reference    to,    14,    82;    origin 
ot,    in    New    England.    15;    provision 
for,  70,  71.  81,  100.  101.   102,   103    104 
105.    106.    107.   109,    110,   111,    11"     113 
114,    11.5,   116,    117,    118.    120.    122    123* 
127,    128,    130.    131,   1.33.    1.34.    140     141 
142.    143,    145.    147.    148.    149,   150,    151! 
1^.    153,    1.54.    107,    180.    185,    186,    189, 
209;    institution      of,    89,    94-       con- 
stitutionality of.  95:   elimination   of, 
126:    court    decision    on.    1.39;    incor- 
poration of.  144:  aversion  to.  244 
Injunction,   filing  of,  !t4 
Inspectors,    appointment    of,    189.    194 

201 
Interstate   Commerce  Commission,   10 
Interurban    railway,   88 
Invoice,    preparation   of.   178 
Iowa,     special     legislation     prohibited 
in,    43;    commission    plan    perfected 
in.     75;     constitution     of.     1R57,     76; 
miiniciital    government    in,    76;    pop- 
ulation   of.    in    1915.    76;      classifica- 
tion  of  cities  in.  76:   government  of 
cities  in.  78;   hill  submitted   in  Gen- 
eral   Assembly    of.    79:      commission 
government       established       in,       81; 
commission  law  in,  82;  census  of,  82; 
commission-governed    cities    in.    96: 
statute  books  of.  98:  origin  of  city- 
manager     plan     in,     202-20:t:     incor- 
poration   of    city-m:inager    plan    In, 
204:   nature  of  city-manager   law   in, 
204,    20S;    oath    to    support    constitu- 
tion   of.    207:    provisions    for    finan- 
cial  matters  in.   207.   208:   defects  of 
budget  system  in.  208;  abandonment 
of  city-manager  plan  in,  209 
Iowa,    Home    Rule   in,   263 
Iowa,   Removal  of  Public  Officials  In, 

269 
Iowa,  Reorganization  of  State  Govern- 


282 


COMMISSION  AND  MANAGER  PLANS 


Iowa  constitution,  violation  of,  94; 
reference   to,   95 

Iowa  Falls  (Iowa),  creation  of  city- 
manager    plan   in,   203 

Iowa  law,  passage  of,  54,  97,  99;  pro- 
visions in,  88,  89,  206;  provision  for 
publicity  in,  91;  reference  to,  101, 
112,  154 

Iowa   legislature,   act  passed   by,   204 

Iowa  State  Bar  Association,  annual 
meeting  of,  78;  recommendation  by, 
79 


Jaclison  (Michigan),  adoption  of  city- 
manager  plan  in,  193;  provisions  of 
charter  of,  194 

Jackson  (Tennessee),  adoption  of  com- 
mission plan  in,  154 

James,  Edmund  J.,  compilation  by, 
247 

James,  Herman  G.,  arguments  of, 
against  election  at  large,  14;  article 
by,  266,  267,  269,  271 

Jersey  City  (New  Jersey),  election 
of  commissioners  in,  14 

Johnson,    Lewis    Jerome,    article    by, 

244  .   ^         ^ 

Judge    of    police    court,    appointment 

ot,   202  ^    „„^ 

Judges,  65;  appointment  of,  205 
Justice   of  peace,   election   of,   32,   192, 

195 


Kansas,  special  legislation  prohibited 
in,  43;  laws  in,  affecting  commis- 
sion government,  99-101;  cities  in, 
under  commission  government,  101; 
commission-manager  plan  law  of, 
220;   city-manager   plan    in,   220 

Kentucky,  commission  laws  passed 
in,  108;  laws  in,  concerning  com- 
mission government,  109;  cities  in, 
under  commission  government,  109, 
260;  reference  to,  171 

Keokuk  (Iowa),  commission  govern- 
ment  in,   96 

Kings  County  (New  York),  creation 
of.   40  ^       ^„ 

Kinne,    L.   G.,    recommendation    by,    (o 

Knoxville  (Tennessee),  adoption  of 
commission  government  in,  154 

Kressly,    Paul    E.,    article    by,    270 

La  Follette  (Tennessee),  special  com- 
mission  charter  granted  to,  154 

La  Grande  (Oregon),  adoption  of 
city-manager  plan  in,  190 

La  Grande  charter,  amendment  of, 
190 

Lake  Charles  (Louisiana),  109 

Lakeland  (Florida),  special  commis- 
sion charter  granted  to,  150;  adop- 
tion of  city-manager  plan  in,  200 

Lakewood  (Ohio),  adoption  of  com- 
mission   charter   in,   146 

Lanes,  maintenance  of,  176 

Las  Vegas  (Nevada),  special  commis- 
sion  charter   granted   to,   151 

Las  Vegas  (New  Mexico),  adoption  of 
commission    government    in,    120 

Lawrence  (Massachusetts),  commis- 
sion   plan    substituted    in,    153 


Lawrenceburg     (Tennessee),    adoption 

of  commission  government  in,  123 
Laws  of  Iowa,   1907,   act  in,  81 
Lebanon     (Tennessee),      adoption      of 

commission  government  in,  154 
Legislation,    checks    on,   43 ;    definition 

of,  240 
Legislation  and  administration,  differ- 
entiation  of,   240 
Legislative  council,  powers  of,  54 
Legislatures,    petition     presented     to, 
26;   supremacy  of,   over   municipali- 
ties,  26;    powers   of,   over   cities,   36, 
37;  control  of,  over  city  affairs,  40; 
illustrations     of     interventions     by, 
40-42;    abuse    of    power     of,     over 
municipalities,   43;    appeal   made   to, 
46,  58,   153;   interference  of,  46;   ref- 
erence  to,   48,   225;   act  annulled   by, 
51;  law  passed  by,  104;  acts  passed 
bv,   105,   106,   131,   145;    special  com- 
mittee   appointed    by,    106;    ratifica- 
tion by,  118;  bills  introduced  in,  122, 
128;    charters    ratified    by,   139;   con- 
stitutional amendment  proposed  by, 
143 ;    special    legislation    evaded    by, 
205 
Lewis,  Charles,  court  case  of,  57,  58 
Lewiston    (Idaho),    adoption    of    com- 
mission   government    in,    114;    spe- 
cial    commission     charter    Jgranted 
to.  152 
Librarv    commissioners,    appointment 
of  board  of,  188,  190;  election  of,  195 
Library    trustees,    board    of,    83,    85; 

election   of,   85 
Licenses,    issuance   of,    207 
Lighting,    supervision   of,   217 
Lighting  plant,  88 
Lighting  works,  management  of,  207 
Lights,   superintendent  of,  164 
Little   Falls    (Minnesota),   agitation   of 

citv-manager  plan  in,  197 
"Little    Old    Beaufort"    (South    Caro- 
lina),  adoption   of   city-manager   in, 
200  .     . 

Loans,    appointment    of   commissioner 

of,  202 
Lockport  bill,  failure  of,  167 
Lockport    plan,    history    of,    165;    fea- 
ture   of,    166;    description    of,    166, 
167;  provision  of,  167 
Lockport    proposal.    165-167.    agitation 
arising    from,    168;    utilization      of, 
171;  model  of,  188:  reproduction  of, 
197 
Lockport  Proposal,  The  266 
Los    Angeles    (California),    82;    recall 

svstem  in,  90 
Louisiana,  act  passed  by,  51;  commis- 
sion   laws   passed   in,   108;   laws   in, 
concerning   commission   government, 
109-111;  cities  in.  under  commission 
government,    110 
Louisville    (Kentucky).    171 
Lowell,  A.  Lawrence,  article  by,  271 
Lowell     (Massachusetts),     commission 

plan   substituted  In,  153 
Lynn    (Massachusetts),      adoption      of 
"commission  government  in,  153 

McBain,  Howard  L.,  comment  by,  233, 

234,  241;  article  by,  271 
McClure's   Magazine,   article   in,   63 
McFarlane,   Arch   W.,    bill   introduced 

by,  204 


I 


INDEX 


283 


MacGregor,    Ford     H.,    comment    by, 

259 
MacVlcar,    John,    78 


Magistrate,  187,  232 

Maine,  legislative  acts  passed  by,  149  ■, 
city  in,  under  special  commission 
charter,   149 

"Managing  Engineer,"  title  of,  218; 
term  of  office  of,  218;  removal  of, 
218 

Manhood  suffrage,  illustrations  of,  in 
city   charters,   31 

Manistee  (Michigan),  adoption  of  city- 
manager   plan    in,   192 

Mankato  (Minnesota),  adoption  of 
commission   plan  in,  141 

Marietta  (Georgia),  special  commis- 
sion charter  passed  by,  150 

Market  master,   election  of,  85 

Markets,  management  of,  207 

Marshall,  election  of,  30,  31,  38,  85; 
term   of  office  of,   38 

Marshall  (Texas),  commission  govern- 
ment in,  105 ;  charter  granted  to,  152 

Marshalltown  (Iowa)  commission 
government  in,  96 

Maryland,  legislature  of,  41 ;  cities  in, 
under  special  commission  charters, 
148 

Mason  City  (Iowa),  commission  gov- 
ernment in,  96 

Massachusetts,  political  situation  in 
cities  of,  136;  commission  govern- 
ment inaugurated  in,  152;  legisla- 
tive laws  passed  by,  209 ;  application 
of  charter  law  of,  209 ;  charter  laws 
in,  210:  reference  to,  210,  212;  term 
of  councilmen  in,  211 ;  election  of 
mayor  in,  211;  provisions  for  pow- 
ers of  city-manager  in,  213;  spread 
of  city-manager  plan  in,  213,  218 
Matthews,    Nathan,    comment    by,    20. 

21,  37;  opinion  of,  244 
Mavor.  20,  21,  41,  44,  48,  58,  72,  90, 
91,  101.  104,  110.  118.  141,  147,  160, 
165,  1G8,  172.  ISl.  193,  198,  210.  214, 
225;  functions  of,  21,  22,  23,  59,  134, 
135,  174.  ISO,  201,  202;  influence  of. 
during  colonial  period,  22;  term 
of  office  of,  22,  38,  59,  66,  83,  105. 
106,  107,  109,  111,  112,  113,  114,  123, 
126,  127.  129.  131.  137,  143,  144,  148.  149, 
152.  163.   193   195;    powers  of.   22.   27, 

29,  46,  66.  67,  70.  84,  100.  103,  117, 
144.  148  l.=i2  166.  202.  232:  appoint- 
ment of.  23.  28,  29.  127;  election  of, 
26.  27,  31,  32.  38.  66,  82.  83.  84,  115. 
119,  122,  136,  149.  174,  180,  201.  211; 
duties  of.  27.  32.  77.  78.  S3.  84.  86, 
87,  110,  111.  121.  130.  1.34,  205:  veto 
power  of,  27,  28,  30.  32.  33.  38,  39. 
59.  68,  87.  113.  114.  115.  134,  1.36,  150, 
154,  166  193  201;  appointive  power 
of,  28,  29.  30.  32,  38,  44.  45,  67,  68, 
73,    77,    131,    162;     qualifications    of, 

30.  106:  executive  power  of.  .38.  45, 
51;  relation  of,  to  municipal  cab- 
inet, 39,  40;  power  of  removal  of,  44. 
45;  tendencv  to  concentrate  power 
In,  53;  title  of,  59.  211:  privilege  of, 
to  vote,  59,  68.  113,  136.  212;  com- 
pensation of.  60,  69,  78,  87,  174,  195, 
262;  check  on,  67;  responsibility  of, 
67;   budget   submitted   by,   68;   rela- 


tion of,  to  the  council,  68;  removal 
of,  68;  session  designated  by,  69; 
Importance  of,  76;  powers  concen- 
trated in,  80,  228;  special  election 
called  by,  82,  88,  89,  204;  vacancy  In 
office  of,  83,  87;  secretary  of,  92; 
law  concerning,  107;  powers  dis- 
tributed by.  108;  candidates  for, 
112;  report  required  of,  134;  recom- 
mendations by,  134,  135,  1.36;  provis- 
ion for,  140,  141,  150,  211;  report 
submitted  to,  162;  council  of,  175; 
election  called  by,  205;  official  capa- 
city of,  211,  212 
Mayor-President,       59 ;       supervisory 

power  of,   60 
Mayor  system,  period  of,  44;  features 

of,  45;  reference  to,  46 
Meade   v.    Dane   County,   case   of    106 
Mechanical    engineer,    194 
Melzinga   (New  York),  special  bill  for, 

154 
Melzinga  charter,  veto  of,  154 
Memphis    (Tennessee),   government  of, 

52;   special  charter  granted  to,  153 
Meredith,  Ellis,  article  bv,  264 
Merit  system,  desirability  of,  13;   ref- 
erence  to,  48,   82,   91;   provision   for, 
108 
Michigan,    adoption    of   new    constitu- 
tion   of,    144:    cities    in.    under    com- 
mission   plan,    145;    cities    In,    under 
home    rule    provisions,    264;    consti- 
tution  of,    195;   spread   of  city-man- 
ager  plan   in,   191-197,   220 
Middletown    (Ohio),   adoption   of  com- 
mission   plan   in,    1.33 
Middle   West,  commission  government 

in.   97 
Milwaukee    (Wisconsin),     charter     of, 

31,    32,   33;    reference   to,   105 
Minneapolis    (Minnesota),    141 
Minnesota,    commission    laws    in,    140, 
141;  cities  in,  under  commission  gov- 
ernment,    141 ;     constitutional     pro- 
visions  of,   141 
Minnesota  law,  characterization  of,  141 
Minor.    P,    D.,    charter   drawn    bv,    55 
Misdemeanor,  penaltv  for,  200,  207 
Mississippi  feature  of  law  in,  103,  104; 
laws   in.    affecting    commission    gov- 
ernment,   103-105;    cities    in,    under 
commission    government.    105.   258 
Missouri,  laws  in.  concerning  commis- 
sion government,  121,  122;  cities  In, 
under  commission   government,   122; 
laws   of  the   state   of,   1.30;    commis- 
sion laws  in.  130,  131;  incorporation 
of  home  rule  charter  system   in  138 
Missouri    constitution,    1875,    140 
Missouri     constitutional     amendment, 

1896,    140 
"Missouri    Idea,"    origin    of,    138;    in- 
troduction of.  140 
Mitchell.    Karl    M.,    article    by,    270 
Mobile   (Alabama),  government  of,  51, 
52;  adoption  of  commission  govern- 
ment in.  117 
Mobile   police   board,    government  en- 
trusted   to.    52 
Monroe  (Louisiana),  109 
Montana,  cities  In,  111 ;  laws  In,  con- 
cerning     commission      government, 
111.  112;  cities  in,  under  commission 
government,    112 
Montesquieu,  theory  of,  26 
Montgomery     (Alabama),    commissloa 


284 


COMMISSION  AND  MANAGER  PLANS 


laws   applicable   to,   116;    act   appli- 
cable to,  127;  repeal  of  act  for,  128 
Montrose   (Colorado),  home  rule  city- 
manager  charter  in,  188 
Morganton     (North     Carolina),     city- 
manager  plan  in.  171,  172 
Morris     (Minnesota),    population      of, 

197;  adoption  of  charter  in,   197 
Mt.   Vernon    (New  York),   special  bill 
for,  154  ^    „„„ 

Municipal  activities,  character  of,  239 
Municipal      administration,      elements 

in,  232 
Municipal   auditorium,   erection   of,   74 
Municipal    Business    Manager,    270. 
Municipal   corporations,  origin  of,  20; 
early  development  of,  20-24;  powers 
of,    22,    23;    distinctive    features    of, 
23,    24;   provision   for,   195 
Municipal    debts,    interest   on,    197 
Municipal  departments,  supervision  of, 

203 
Municipal  development,  crisis  m,  26 
Municipal  government ;  charges 
against.  7;  importance  of,  7,  8; 
development  of,  in  the  United 
States.  7-19;  reasons  for  difficolt 
administration  of  8;  need  of  re- 
organization in  8,  9;  reform 
movements  in,  9;  develop- 
ment of,  from  1820-1850,  29-38; 
three  plans  of,  133;  designation  of 
plans  of,  135;  types  of.  136,  209.  210; 
business  phase  of,  224;  conditions 
of,  225,  226;  causes  for  failure  of, 
226,  227;  importance  of  organiza- 
tion of.  227;  interest  in,  228;  exper- 
iment in,  231;  study  of,  231,  239; 
reformers  of,  239;  functions  of,  239; 
character  of.  250 
Municipal  Government  Association,  ef- 
forts of.  135 
Municipal  Government  by  Commission 
Committee  of  Allied  Civic  Bodies 
of  Pennsylvania,  organization  of, 
128 
Municipal  government  in  America, 
origin  of,  20;  model  of.  21;  new 
era  in  historv  of,  53;  characteriza- 
tion of,  225;  history  of,  225-242 
Municipal  home  rule,  establishment  of 

principle    of,    145 
Municipal   improvement.   229 
Municipal     judge,     election     of,     185, 

191;  removal  of,  191 
Municipal  law,  enforcement  of.  191 
Municipal     leagues,     organization     of, 

228  _,       , 

Municipal  machinery,  demand  for 
changes  in,  24;  federal  analogy  in, 
27:  need  of  simplification  in,  53 
Municipal  organization,  development 
of,  in  America,  20-48;  changes  in, 
36:  summary  of  history  of,  45-47 
Municipal  Organization,  Principles  of, 

270  ^     _. 

Municipal    ownership,    scope      of,    TU; 

provision   for,   189 
Municipal    problems,    awakening      on, 

in  the  United  States,  43 
Municipal    reforms,    agitation   for,    78- 
81:    movement    for,    228;    policy    of 
228 
Municipal   re-organization,  beginnings 

of.    43;    demand    for,    46  ,  ^    . 

Municipal    research,    agitation    led    by 
board  of,  172 


Municipal  research  bureau,  establish- 
ment  of,   236 

Municipalities,  need  of,  in  America, 
234;    distribution    of,    247 

Munro.  William  B.,  comment  by,  43, 
156,    237;    discoveries    of,    237 

Murfreesboro  (Tennessee),  adoption 
of   commission   plan   in,    154 


Napa    (California),    adoption    of    com- 
mission   government  in,   139 
Nashville      (Tennessee),     meeting     of 

mayors   held    at,    122 
National  census,  112 
National   conference,   first   meeting   of, 

47 
National    government,    239 
National    Municipal    League,    organi- 
zation   of,    47,    215,    227;    report    of, 
159-161 
National   Municipal   Review,  comment 

by  editor  of,  251 
Nebraska,  laws  in,  concerning  com- 
mission government,  119,  120 ;  cities 
in,  under  commission  government, 
120,  261;  adoption  of  constitutional 
home  rule  charter  system  in,  146; 
amendment  to  constitution  of,  146 
Negroes,  political  propaganda  among, 

93 
Nevada,  home  rule  charter  system  in, 
124 ;    charter    making    in,    124 ;    laws 
in,    concerning    commission    govern- 
ment,   124,    125;    reference    to,    125 
Nevada   law,  features   of,   124 
New    England,    town    government    of, 

49;  town-meeting  system  in,  218 
New  England  cities,  commission  gov- 
ernment in,  152 
New  England   states,  35 
New    Hampshire,    need    of    municipal 

reform    in,    156 
New  Jersey,  laws  in,  concerning  com- 
mission government,  115,  116;  cities 
in,    under    commission    government, 
116.    119 
New    Mexico,      laws      in,      concerning 
commission  government,  120;  Terri- 
torial  legislation   of,  161 
New  Mexico   plan,   161-163 
New     Orleans     (Louisiana),     issuance 
of    charter    of.    28;    government    of, 
51;    reference    to,    109,    110;    charter 
of.  235 
New  Orleans'  Experience  under  Com- 
mission  Government,  271 
Newspaper,  charter  published  in,  124 
New  York,  adoption  of  constitution  of, 
in  1822,  29;  reference  to.  35,  210,  212; 
Republicans  in,  40:   powers  of  park 
commission  in,  40;  commission  laws 
In.    135,    136:    reform    movement    in, 
154.155;  political  conditions  in,  167; 
legislative     laws     passed      by,      209; 
limitation    of    charter    law    of,    209; 
cities  of,  number  of  councilmen  in, 
211;   provisions  for   powers   of  city- 
manager   in,   212.   213 
New  York  Citv.  officials  in,  20;  char- 
ters   of    20,    209,    210:    provisions    of 
charter   of,   30:    reference   to,   33,   39, 
41,    44,    47,    227:    population    of,    35; 
police  force  of,  35;  park  systems  of, 
35;    feature    of    charter    of,    37,    38; 
government  of,   by   legislative   com- 


INDEX 


285 


misHions,  40.  41;  pow(>rs  of  mayor  in, 
232;  aflministration  in,  236;  muni- 
cipal   rpsearobes   for.    271 

New  Yorli  constitution,  provi.sions  of, 
155 

New   Yorli    County,   creation   of.  40 

New  Yorl?  legislature,  law  passed  by. 
13.'>:  plan  presented  to,  165;  bill  in- 
troduced in,  167 

New  York  Senate  investigating  com- 
mittee, recommendation  by,  44 

New    Zealand.    82 

Newburgh  (New  York),  adoption  of 
city-manager   plan    in,    213 

Niagnrn  Falls  (New  York),  adoption 
of  city-manager  plan  in,  213 

Nomination,  non-partisan.  109;  meth- 
ods  of.   2.36 

Nomination  reform,  propaganda  for, 
98 

Non-partisan  ballot,  desirability  of, 
13,  15;  election  by,  102.  Ill,  183,  214; 
names  of  candidates  in.  148;  nomin- 
ation   by,    186 

Non-partisan  election  ballots,  provis- 
ion for,  140 

Non-partisan  elections.  14.  129.  193; 
provision  for.  106.  107.  114.  119.  144, 
145.   148.  195;  process  of.  201 

Non-partisan  nominations,  provision 
for.  1.39.  142 

Non-partisan  primary,  provision  for, 
140.  143,  145,  148;  nomination  at, 
153 

Norfolk    (Virginia),   22 

North  Carolina,  cities  in.  under  spe- 
cial commission  charters.  146.  147; 
cUips  in.  under  citv-manager  plan, 
171,    172,    201 

North  Dakota,  laws  in,  affecting  com- 
mission government,  101.  102;  cities 
in.  under  commission  government, 
102.    2.58 

Norwood  (Massachusetts),  govern- 
ment of.  218 

Oakland  (California),  election  of  com- 
missioners in.  14;  ratification  of 
charter  of,  139 

Officers,  provisions  for  removal  of, 
92,  131;  enumeration  of,  132;  re- 
striction on  appointment  of,  203, 
204 

Officials,  removal  of,  61 ;  bonds  re- 
quired   of,   62 

Ohio,  special  legislation  prohibited 
in,  43;  constitutional  amendment 
in.  131,  146.  180;  constitution  of, 
131,  172;  model  charter  law  in,  133; 
spread  of  city-manager  plan  in, 
180-186;  coniititutioTial  provisions 
of.  183;  legislative  laws  passed  by, 
209;  application  of  charter  law  of, 
209;  charter  provisions  for,  209; 
number  of  councilmen  in  cities  of, 
211;  election  of  mayor  in,  211; 
powers  of  city-manager  in.  212; 
sjiread    of    city-nianager    in,    213 

Oklahoma,  admission  of,  into  the  Un- 
ion, 144;  constitutional  provisions 
of,  144;  types  of  commission  char- 
ters in,  144:  spread  of  city-manager 
plan  in,  199;  cities  in,  under  com- 
mission plan,  264 

One-party  representation,  objection 
to,   183 


Optional  charter  laws,  origin  of,  136; 
enactment  of,  213 

Orange  Park  (Florida),  special  com- 
mission   charter   granted    to,   150 

Ordinances,  protest  to,  89;  popular 
voice  on,  8S.  90;  reference  to,  113; 
referendum  vote  on,  123,  130.  131; 
constitutionality  of,  123;  committee 
on.  164;  provisions  of.  164;  enact- 
ment of,  175;  veto  power  upon,  201; 
execution    of,    212.    213.    223.    2.3S 

Oregon,  home  rule  movement  In,  143; 
provisions  of  state  law  of,  144; 
agitation  for  city-manager  in  cities 
of.  186;  si)read  of  citv-manager  plan 
in,  190,  191 

Orlando  (Florida),  special  commission 
charter   granted    to,   150 

Ottumwa  (Iowa),  commission  govern- 
ment in.  96 


Palestine  (Texas),  commission  gov- 
ernment in,  105;  charter  granted  to, 
152 

Park   commissioners,   duties   of,  83,   84 

Park  officers.  107 

Parkersbnrg  (West  Virginia),  char- 
ter   granted    to.    147 

Parks,  superintendent  of,  164 

Parks    and    playgrounds,    care   of.    176 

Parliament,  analogy  of,  to  city  gov- 
ernment. 1.58;  act  passed  by,  246 

Partisan    ballot,   133 

Partisan  nomination,  provision  for, 
126 

Pasadena  (California),  adoption  of 
commission   government   in.   1.39 

Pass-a-Grille  (Florida),  special  com- 
mission charter  granted  to,  149 

Patton.    .John    S.,    article    bv.    270 

Patton.  O.  K.,  article  by.  263.  269 

Paving,   construction    of,    171 

Payments  and  reports,  provisions  for, 
185 

Penn's   charter,    (1701),    25 

Pennsylvania,  act  of,  (1870),  41;  re- 
form movements  in,  128-130;  com- 
mission laws  in.  128;  spre.id  of  city- 
manager  plan  in,  217.  218;  classes 
of  cities  in.   262 

Pennsylvania  Commission  Govern- 
ment for  all  Third-Class  Cities  In, 
262 

Pennsvlvania  law.  peculiar  feature  of, 
129.  1.30 

Penrose,    Boise,    article    by,    249 

Pensacola  (Florida),  special  commis- 
sion   ch;>rter   gninted    to.    150 

Petition,  use  of.  82.  182:  filing  of.  90. 
210.  211:  affidavit  attached  to,  113; 
candidates  nominated  by,  115.  117, 
124:  nomination  by.  14.*^,  198;  per- 
centages necessary  for,  210 

Petosky  (Michigan),  population  of, 
194:  adoption  of  citv-manager  plan 
In.    194 

Philadelphia  (Pennsvlvania).  22,  41; 
cli'irters  of.  25.  26.  39.  228;  amend- 
ment of  charter  of.  27:  ponnlntlon 
of.  35;  park  systems  of,  35;  first  na- 
tional conference  in,  47;  law  for, 
128 

Philadelphia,  The  City-Government  of, 
249 

Phoenix  (Arizona),  adoption  of  horne 
rule    commission     charter     In,     146; 


286 


COMMISSION  AND  MANAGER  PLANS 


adoption  of  city-manager  plan  in, 
187 

Phoenix  charter,   feature  of,   187 

Physician,    appointment    of,    194 

Pipestone  (Minnesota),  adoption  of 
commission    plan   in,   141 

Pittsburg  (Pennsylvania),  benefits 
received  by,  128 

Pittsfleld  (Massachusetts),  adoption 
of  commission  plan  in,  153 

Police,  election  of,  32;  establishment 
of  board  of,  41 ;  department  of,  101 ; 
appointment  of  chief  of,  201,  202; 
control  of,  207 

Police  and  fire,  division  of,  176 

Police  and  fire  commissioner,  60,  83,  84 

Police  and  fire  departments,  mem- 
bers of,  92 

Police  commissioners,  state  board  of. 
41;  establishment  of  board  of  metro- 
politan,   248 

Police    constable,    election    of,    38 

Police  department,  control  of,  192; 
supervision   of,   203 

Police  district,  creation  of,  40 

Police  judge,  election  of,  38;  term  of 
office  of,  38;  appointment  of,  189, 
206 

Police  magistrate,  appointment  of,  188 

Police  power,  delegation  of,  216 

Policemen,  65;  free  transportation  of, 
88 

Political  circles,  influence  of  social 
leaders  in,  77 

Political  parties,  influence  of,  in  city 
affairs,  34;  intrusion  of,  in  municipal 
affairs,  36,  42 

Political  party,  candidates  for,  66;  op- 
position by,  125 

Political  ring,  opposition  by,  66 

Political    science,    students    of,    142 

Politicians,  opposition  by,  93,  181,  187, 
188;    vileness    of,    226 

Politics,  personal  interpretation  of, 
226;   elimination   of,    229 

Polk  County  (Iowa),  charter  submit- 
ted  to  representatives  of,  81 

Polling  places,  72 

Popular  control,  extent  of,  214 

Popular  election,  desirability  of  aban- 
doning, 160 

Port  of  Mobile,  incorporation  of, 
52 

Portland  (Maine),  history  of  charter 
of.  149 

Portland  (Oregon),  second  charter  of, 
144 

Portsmouth  (Virginia),  adoption  of 
city-manager  plan  in,  214 

Powers,  separation  of,  26,  38,  53,  54, 
63,    87,    227 

Preferential  ballot,  provision  for.  66: 
officers  elected  by,  192;  choices  in, 
193.  198;  election  by.  198;  incorpora- 
tion   of.    230 

Preferential  svstem,  provisions  for, 
ISO 

Preferential  voting,  provisions  for, 
115,  140;  incorporation  of,  117,  142 

Preferential  voting  system,  provision 
for.  141 

President,  compensation  of,  195,  218; 
term   of  office  of.   105 

President  of  the  T'nlted  States,  com- 
missioners appointed  by,  50 

Primaries,  provisions  for,  182;  elim- 
ination  of,    186;   candidates   for,   195 


Primary  elections,  95,  113 ;  provision 
for,  110,  144,  236;  candidates  nom- 
inated in,  121,  126,  148 

Primary  nomination,  106;  provision 
for,  152 

Property   owners,    petition   by,   89 

Proportional  representation,  cam- 
paign for,  183,  184;  reference  to, 
199,  250;  incorporation  of,  230 

Proportional  system,  definition  of,  183 

Public   affairs,   85 

Public  and  special  improvements, 
provisions   for,    193 

Public  education,  provision  for,  189, 
193 

Public  estimates,   inspection   of,   178 

Public  grounds,  expenses  for,  162; 
inspection  of,  203 

Public  improvements,  85;  provision 
for.  162,  178,  189;  supervision  of, 
192;    financing   of.    179 

Public  parks,  expenditures  for,  74 

Public    peace,    preservation    of.    130 

Public  places,   occupation  of,  88 

Public    property,    85 

Public    protest,    provision    for,    208 

Public    safety,    department    of,    85 

Public  service  corporations,  law  re- 
garding,   88 

Public  utilities,  power  of  city  to  ac- 
quire. 70;  referendum  vote  on  sale 
of.  131;  maintenance  of,  162;  general 
supervision  of,  176;  provision  for 
operation  of,  189;  duties  of  manager 
of.    203 

Public  welfare  commissioners,  ap- 
pointment of,  189 

Public  works,  power  of  board  of.  77, 
154;  board  of,  83,  84;  provision  for, 
193;    management   of,   207 

Publicity,  provision  for,  108,  197,  208 

Pueblo  (Colorado),  adoption  of  home 
rule    commission    charter   in,    143 

Purchasing  agent,  reference  to,  74, 
176;  provisions  for,  178,  179,  181, 
194;   duties  of,  196 


Raleigh  (North  Carolina),  special 
charter  granted  to,  147 

Reactionaries,  opposition  by,  93,  94 

Read.   John,  charter  framed  by,  81 

Recall,  use  of.  in  government,  13,  15; 
reference  to.  14.  82;  provision  for,  70, 
100,  104,  106.  107.  109,  110,  111,  112, 
114,  115,  116,  117,  118,  120,  122,  128, 
130,  133,  134,  140,  141,  142,  143,  145, 
147,  148.  149,  150.  151,  152,  1.53,  154, 
166,  167,  180,  182,  185,  186,  188.  189, 
197.  209,  2,36;  steps  necessary  to,  72, 
90,  91;  limitations  on,  73;  institution 
of,  94;  constitutionality  of,  95; 
elimination  of,  120;  court  decision 
on,  139;  incorporation  of,  144;  city- 
manager  subject  to,  175;  aversion 
to,  244:  extension  of,  257 

Recall  elections,  holding  of,  72,  73; 
petition  for.  100;  provision  for,  102, 
123,   127;    process  of,   131 

Reconstruction.   46 

Recorder,  functions  of,  21,  22,  23;  elec- 
tion of.  26 ;  legislative  powers  of, 
27;  reference  to,  28;  appointment  of, 
.30,  60.  191 

Recreation  facilities,  management  of, 
207 


INDEX 


287 


Reed,  Thomas  H.,  190;  article  by,  263 

Referendum,  use  of,  in  city  govern- 
ment, 13,  15,  89;  reference  to,  14,  81, 
82;  origin  of,  15;  provisions  for,  70, 
71,  100,  101,  102,  103.  104,  105,  106, 
107,  109,  110,  111,  112,  113,  114,  115,  116, 
117,  118,  119,  120,  122,  123,  127,  128, 
130,  13.3,  134,  140,  141,  142,  143,  145, 
147,  148,  149,  150  152.  1.53,  1.54,  167, 
180,  182,  185,  186,  189,  209;  establish- 
ment of,  94;  constitutionality  of,  95; 
elimination  of,  126:  court  decision 
on,  139;  incorporation  of,  144;  aver- 
sion to,  244 

Referendum  League  of  Buffalo  (New 
York),  charter  drafted  by,  1.54 

Reform  movements,  manifestations  of, 
47:   opposition   to.   93,  94 

Reform  period,  characterization  of, 
228 

Reformers,  97 

Register  and  Leader,  The,  editor  of, 
70;   ri'f*T(>niUnii   taken   by,  80 

Re-organization,    object    of,    47,    48 

Representatives,   functions  of,   174 

Republic,    35 

Republican    ticket,    pledge   in,   187 

Republicans,  40 

Resolutions,  113;  enforcement  of,  223 

Revenue,  department  of,  101 

Review,  appointment  of  board  of,  206 

Revolution,    25 

Rhode  Island,  need  of  municipal  re- 
form in,  156 

Rice,    H.   B..    comment   by,   65 

Richmond    (Virginia),    133 

Richmond  County  (New  York),  crea- 
tion of,  40 

River  Forest  (Illinois),  government 
of,  218.  219 

Road     commissioner,    duties    of,    203 

Robertson,  Major  W.  F.,  principles 
formulated    by,    170 

Rochester  (New  York),  meeting  of 
representatives    in,    155 

Roswell  (New  Mexico),  adoption  of 
city-manager  plan  in,  162 

Rotation    system,    119 


Sacramento  (California),  government 
of,  50,  51;  commission  charter  of, 
139 

Safety,  ordinance  for,  130 

St.  Augustine  (Florida),  adoption  of 
city -manager  plan  in,  200 

St.  Cloud  (Minnesota),  adoption  of 
commission  plan  in,  141 

St.  Elmo  (Tennessee),  adoption  of 
commission  government  in,  154 

St.  Louis  (Missouri),  charter  of,  29, 
30 

St.  Paul  (Minnesota),  election  of 
commissioners  in,  14;  adoption  of 
commission  government  in,   141 

St.  Petersburg  (Florida),  special  com- 
mission charter  granted  to,  150 

Salem  (Massachusetts),  adoption  of 
commission     plan     in,     153 

Saloon   interests,   opposition   by,  93 

Saloons,   regulation   of,  74 

San  Angelo  (Texas),  adoption  of  com- 
mission-manager  plan   in,   199 

San  Diego  (Californial.  commission 
plan  considered  in,  1.38;  city-mana- 
ger  plan   In,   219,   220 


San  Francisco  (California),  election 
of  councilmen  in,  13;   benefit  of,  138 

San  Jose  (California),  adoption  of 
home  rule  city-manager  charter  in, 
190 

San  Mateo  (California),  adoption  of 
commission    government   in,    139 

Sandusky  (Ohio),  adoption  of  com- 
mission-manager plan  in,  182;  ref- 
erence   to,    183 ;    charter    of,    185 

Sanitary  inspector,  appointment  of, 
194 

Santa  Barbara  (California),  adoption 
of  home  rule  city-manager  charter 
in,   189 

Santa  Monica  (California),  adoption  of 
commission   government  in,   139 

School,    committee    on,    164 

Scrantou  (Pennsylvania),  benefits  re- 
ceived by,  128 

Seattle  (Washington),  adoption  of 
home    rule   charter    in,    139 

Secretary,  appointment  of,  60;  peti- 
tion filed  with,  72;  certification  bv, 
72 

Selectmen,  number  of,  in  town  gov- 
ernment, 49 

Senate,  41;  consent  of,  necessary,  50; 
bill  passed  by,  204 

Senate  and  House  committees,  joint 
meeting  of,  79 

Seventh  General  Assembly  (Iowa), 
law  passed   by,   76 

Sewage,    disposal    of,    207 

Sewerage    system,    provisions   for,    171 

Sewers,  maintenance  of,  176;  Inspec- 
tion of,  203,  216,  217;  management 
of,  207 

Sexton,  appointment  of,  60 

Shambaugh,  Benj.,  F.,  comment  by, 
237.    238;    article   by,    254 

Shelby  County  (Tennessee),  creation 
of,  52 

Sherer,   H.   H.,  appointment  of,  219 

Sheridan  (Wyoming),  adoption  of 
commission  government  in.  111 

Sheriff,  20:  powers  of,  193 

Sherman  (Texas),  adoption  of  city- 
manager  plan  in,  199 

Sherrill,    Marvin,    appointment   of,    171 

Short  ballot,  15;  propaganda  for,  98; 
provision   for.   139 

Short  Ballot  Organization,  definition 
by.   15;   reference  to,   215 

Short  ballot  principle,  preservation  of, 
199 

Shrine  Temple,  joint  discussion  in,  80 

Sid(>wnlks,  construction  of,  171;  main- 
ti'nance  of.   176 

Sinking  funds,  maintenance  of,  197 

Sioux  City  (Iowa),  commission  gov- 
ernment in.  90 

Smith.  R.  Waverly,  charter  drawn 
by.  55 

Snell,  A.  v..  proclamation  signed  by, 
170 

Sofietv.  influence  of  social  leaders  in, 
77 

Solicitor,  election  of,  38,  85;  term  of 
offico  of.  38.  129:  duties  of.  83.  84; 
reference  lo.  02:  appointment  of.  132, 
185.   202.   200:   provision   for.   180.  181 

South  Carolina,  laws  in,  concerning 
commission  government,  108,  109; 
sfiread  of  citv-manager  plan  in.  200, 
201 

South  Carolina  act,  approval  of.  108 


288 


COMMISSION  AND  MANAGER  PLANS 


South  Carolina  legislature,  bill  passed 
by,  168 

South  Dakota,  laws  in,  affecting  0910- 
mission  government,  102,  103;  city- 
manager  plan  in,  220 

Special  acts,  provisions  of,  123;  char- 
ters granted  under,  154 

Special  assessments,  175 

Special  charter  plan,  amendment  of, 
146 

Special  charter  system,  method  of,  146 

Special  charters,  nature  of,  36;  pro- 
hibition of,  76;  commission  gov- 
ernment granted  by,  105;  cities  in- 
corporated under,  111<  112,  122; 
reference   to,    149 

Special  committees,  recommendation 
by,   106;   appointment  of,   ISO 

Special  election,  holding  of,  71,  168; 
reference  to,  88,  89,  90,  91,  100,  119, 
139 ;  purpose  of.  93,  111,  118,  133  142. 
204;  provision  for,  101,  102,  103,  104. 
107,  108,  112,  114,  116,  119,  120,  121, 
124,  128,  131,  135,  143.  149,  182;  cost 
of,  117;  charters  ratified  in,  139,  189 

Special  legislation,  42.  84.  137;  con- 
stitutional prohibition  against,  43; 
constitutional  provisions  for,  249 

Special   local   bills,   number   of,   136 

Special    statutes,    36 

Spoils  system,  first  appearance  of,  33 

Spokane    (Washigton),      adoption      of 
commission  government  in,  114,  115; 
adoption   of  home  rule  charter  sys- 
tem in,  1.39 
Spokane   charter,    provision   for,   140 
Springfield     (Ohio),     charter    of,     180, 

181.   182,  185;  example  of,  183 
Standing  committees,  appointment  of. 

State,  reference  to,  36,  38,  40,  45,  12o, 
133;  interference  of,  in  city  affairs, 
37;  control  of.  41;  forms  of  city 
government  in.  42;  special  legisla- 
tion prohibited  in,  43;  decision  af- 
firmed bv  Supreme  Court  of,  4o; 
home  rule  in  48,  114;  progressive 
forces  in,  80;  general  laws  of,  93, 
112,  120;  plenary  legislative  power 
of  95;  commission  city  govern- 
ment in.  97;  grant  by,  103;  laws 
of,  104,  123,  124.  137,  145; 
cities  and  villages  in.  107,  112,  115; 
capital  of,  109;  city  interests 
in,  110;  organic  law  of,  114; 
commission  Jaws  of,  116;  opin- 
ion of  secretary  of.  123:  boroughs  of. 
128;  powers  granted  by,  143;  uni- 
form laws  in,  149;  pleadings  by  citi- 
zens of,  155;  commission  charter 
enacted  in.  155;  need  of  commission 
law  in.  156,  157;  third  class  city  in. 
165;  officers  of,  205;  enforcement  of 
laws  of.  223  .     . 

State    Boards    and    Commissions,      10 

State  census.  112 

State  commission,  composition  01,  4i, 
policy  determined  by,  41;  partisan 
control   by.   42 

State  constitutions,  effects  of,  on  city 
charters.  25:  reference  to.  37;  pro- 
vision of,  151;  requirement  of,  187 

State  examiner,  accounts  examined  by, 

117 
State    government,    239;    functions    of, 

240 

State  law,  provision  of,  168 


State    legislature,   charter   enacted    by, 

213;  experiment  with,  230,  231 
States,   number  of,   in   union,  98;   div- 
ision   of,    according    to    classes,    99 
Statutes,      constitutionality      of,      95; 
weakness    in,   235;   chief  concern   of, 
236 
Staunton    (Virginia),  general  manager 

in.  163;  government  of,  214,  215 
Staunton  plan,  103-165 
Stockton       (California),       commission 

charter    of,    139 
Streams,  maintenance  of,  176 
Street   and   bridge  commissioner,   pro- 
vision for,  67 
Street     and     public     property,     com- 
missioner  of,   60 
Street  commissioner,   election    of,    85; 

appointment  of,  201;  duties  of,  203 
Street  improvements,  insertion  of,  66 
Street   railway,  88 

Streets,  repair  of,  162 ;  construction  of. 
171;    maintenance    of,    176,    207;    ap- 
pointment  of   superintendent   of,   60, 
189,  191;  inspection  of,  203,  216,  217 
Streets   and    public    utilities,      depart- 
ment  of,    101 
Stubbs,  Bishop,  comment  by,  21 
Suffrage,    extent    of,    during    colonial 

period,   22;   limit   to,   186 
Sumter    (South    Carolina),    origination 
of   city-manager   plan   in,   161 ;    city- 
manager  of,  169;  population  of,  169; 
response  to  proclamation  of,  170 
Sumter   council,  proclamation   by,  169, 

170 
Sumter  plan.  168-171 
Superintendent  of  markets,  election  of, 

38;   duties   of.  203 
Superintendent  of  parks,  appointment 

of,    190 
Superintendent    of    water-works,    ap- 
pointment   of,    191 
Superintendents,    appointment    of,    60, 
213,  duties  of,  162;  compensation  of, 
162;   removal   of,  213 
Supervisor  system,  features  of,  120 
Supervisors,    election    of,    30;    county 
government   vested    in,   50;   appoint- 
ment of.   194 
Supplement    to    the    Code      of      Iowa 

(1907),  act  in.  81 
Supreme  civil  court,   decirsion   of,  58 
Supreme  court,  decision  of,  106 
Supreme    criminal    court,    decision    of. 

58 
Surveyor,  election  of,  38;  reference  to, 

45 
Switzerland,    82 

Tacoma    (Washington),     adoption     of 

commission  government  in,  114,  115; 

adoption    of    home    rule    commission 

charter    in,    139 
Taunton     (Massachusetts),       adoption 

of  commission  government  in,  153 
Taussig.  Frank  W.,  comment  by,  233 
Tax,   196 
Tax  and  land  commissioner,  provision 

for,   67 
Tax  assessor  and  collector,  74 
Tax    collector,    appointment    of,    201 
Tax  payers,  welfare  of,  196 
Tax    rates,    provisions    for,    145,    229 
Taxation,    provisions   for,    189 
Taxing    power,    delegation    of,    216 


INDEX 


289 


Taylor  (Texas),  citj'-managcr  plan 
in,   198 

Telt'graph,  provision  for,  171 

Telegrai)h  line,  88 

Telephone,  provision  for,  171 

Telephone  exchange,  88 

Tennessee,  abolition  of  luunlolpal  cor- 
portlon  in,  52;  cities  of,  122;  laws 
In,  concerning  commission  govern- 
ment,   122,    123 

Territorial  act,   provisions   In,   120 

Territorial    legislature,   28 

Texas,  laws  in,  regarding  elections, 
59;  reference  to,  60,  74,  lOH ;  cities  in, 
under  commission  government,  10") ; 
incorporation  of  home  rule  charter 
system  in,  145;  act  passed  by,  145; 
cities  In,  under  home  rule  charters, 
145;  cities  in,  under  special  com- 
mission charters,  151,  152;  charters 
granted  by,  152;  spread  of  city- 
manager  plan  In,  198,  199 ;  general 
commission    law    of,    258 

"Texas  Idea,"  97 

Thirty-first  General  Assembly  (Iowa), 
committees    in,   79;    reference   to,    81 

Thirty-second  General  Assembly 
(Iowa),  act  passed  by,  76,  81 

Thirty-sixth  General  Assembly  (Iowa), 
acts   passed    by,   209 

Thirty-second       Legislative    Assembly 

(Texas),   amendment   by,   66 

Thirty-third  Legislative  Assembly 
(Texas),  amendment  by,  66 

Titusville  (Pennsylvania),  government 
of,  217,   218 

Toulmin.  H.  A.,  comment  by,  161 

Tower  (Minnesota),  adoption  of  com- 
mission plan  in,  141 

Town  manager,  appointment  of,  172; 
term  of  office  of,   172 

Towns,  population  of.  Ill ;  reference 
to,  115;  incorporation  of,  125;  plan 
presented  by,  165 

Transportation,  management  of,   207 

Treasurer,  28.  176;  appointment  of,  30. 
60.  132.  185,  189.  190.  191.  192,  194, 
195;  election  of,  31.  32,  38,  85;  term 
of  office  of,  38.  129:  duties  of,  83, 
84;  fee  paid  to,  119;  monthly  balance 
rendered  by,  164 ;  provision  for, 
180.  181;  department  under  con- 
trol of,   196 

Tribune  (Des  Moines,  Iowa),  propa- 
ganda by.  93 

"Triple    Option,"    132 

Trustees,  functions  of  board  of,  50, 
51;  provision  for  hoard  of,  118: 
compensation  of,  218;  power  of 
board  of.  218,  219;  meeting  of  board 
of.   219 

Tucson  (Arizona),  city-manager  plan 
in.   187.   188 

Tulsa  (Oklahoma),  government  of.  144 

Turner,  George  Kibbe,  article  by,  63 

Tweed   Ring,  description   of,  42 

Twenty-sixth  General  Assembly 
(Iowa),  act  passed  by,  203 

Twenty-ninth  Legislative  Assembly 
(Texas),   plan   submitted  to,  66 

Two  Harbors  (Minnesota),  adoption 
of  commission  plan  in,  141 

Tyler  (Texas),  adoption  of  commis- 
sion-manager   plan    in,    199 

United  States,  commission-governed 
cities    in,    15,    16;    reference    to,    44; 


city  government  in,  49,  226;  commis- 
Blouers  appointed  by  president  of, 
50;  guarantee  to  states  by,  94;  oath 
to  support  constitution  of,  207;  need 
of  good  electorate  in,  233 

United  States  American  I'roportion- 
al    Representation    League,  183 

T'nited   States  army,  50 

I'lison,  Lent  Dayion,  199;  article  by, 
265 

Urban  population,  effects  of,  on 
municipal  functions,  35,  36;  growth 
of,    35,    249;    definition    of.   247 

Utah.  125;  agitation  for  commission 
government  in.  125,  126;  cities  in, 
under  commission   government,   127 

Utah    law,    peculiar    feature    of,    126 


Vermont,  need  of  nuini<'ipal  reform  in. 
156 

Viadu<"ts.  construction  of.  171;  main- 
tenance   of,    176 

Villages,  provisions  for  incorporation 
of,  144 

Virginia,  special  legislation  prohib- 
ited in.  43:  commission  laws  in,  133- 
135;  optional  charter  law  in,  135; 
provisions  of  the  constitution  of. 
163;  legislative  laws  passed  by.  209; 
provision  of  charter  law  of,  209; 
number  of  councilmen  in  cities  of. 
211:  election  of  mayor  in.  211;  pro- 
vision for  city-mannger  in,  212; 
j)0wers  of  city-manager  in,  213; 
spread  of  citv-manager  plan  in,  214, 
216.  217:  constitution  of,  216 

Virginia  Code,  provision  in.  163 

Voters,  influence  of,  on  government, 
233 


Waco     (Texas),     commission     govern- 
ment   in,    105;    charter    granted    to, 
152 
Waite,    Henry    Matson,   199,    224;    sug- 

trestion  by.  223.  224 
Walker    v.    Spokane,    decision    in,    139 
Walsh  law.  provisions  of.  115 
Wards,    use    of.    as    election    districts. 
13;    representation    of,    63.    189,    201; 
nominations    in,    195;    abolition    of, 
229 
Washington.  George.  35 
Washington,    home    rule    law    in.    114: 
laws    in.      concerning      commission 
government,    114,   115;   cities   in,    un- 
der   commission     government,     115; 
commission   laws  in,   139,   140;  cities 
in.    under    general    commission    act, 
261 
Washington.  D.  C,  government  of,  10, 

50:   ref<'rence  to.  82 
Water,   superintendent   of.   164 
Water  commissioner,  provision  for,  67 
M'ater    plant,    purchase   of,    74 
Waterloo   (Iowa),  law  enacted  for,  205 
Waterloo   plan,   description   of.   205-209 
Watertown    (New    York),    adoption    of 
commission    plan    in.    136:    adoption 
of  city-manager  i)lan   in.  214 
Waterville  (Maine),  special  election  in. 

140 
Water-works.  35.  88:   term  of  office  of 
board    of,    38;    secretary    of.    60:    su 
perintendent  of,  60;  engineer  of.  61; 


290 


COMMISSION  AND  MANAGER  PLANS 


profit  In,  64;  board  of,  83,  84;  pro- 
visions for,  171;  supervision  of,  216, 
217 

Water-works  and  sewerage,  commis- 
sioner  of,   60 

Webster  City  (Iowa),  adoption  of  city- 
manager    plan    in,    209 

Weights  and  measures,  ordinance  on, 
176 

Westchester  County  (New  York),  cre- 
ation   of,    40 

Westervllle  (Ohio),  adoption  of  city- 
manager  plan  in,  185 

West  Palm  Beach  (Florida),  special 
commission  charter  of,  150 

West  Virginia,  cities  in,  under  spe- 
cial commission   charters,   147,  148 

Wheeling  (West  Virginia),  adoption 
of  city-manager  plan  In,  201 

White,  Francis  H.,  article  by,  10; 
comment  by.  11 

Whittier  (California),  population  of, 
188 

Whittier  charter,  defeat  of,  188 

Williams,  C.  Arthur,  article  by,  256 

Williamson,  Charles  C,  article  by, 
249 

Wllllamsport  (Pennsylvania),  con- 
vention held  In,  128 


Wilmington   (North  Carolina),  special 

charter  granted   to,  147 
Wilson,    Woodrow,    message    of,    115; 

comment  b.v,  115 
Wisconsin,  laws  In,  affecting  commis- 
Blon  government,  105,  106;  cities  In, 
under  commision  government,  106 
Wls'-onsin  statute,  passage  of,  105 
Woman   suffrage,   provision   for,  186 
Work  farm,  provision  for,  197 
AA'orthington,    M.   M.,   appointment   of, 

170 
Myomlng,  cities  in,  under  commission 
government.    111;    laws   in,   concern- 
ing  commission   government.   111 


Yoakum  (Texas),  adoption  of  commis- 
sion  manager   plan    in,   199 

Young,  Lafayette,  reform  movement 
furthered   by,  80 

Young  Men's  Christian  Association, 
niprting  in  auditorium  of,  79 

Youngstown  (Ohio),  drafting  char- 
ter   of,    180 

Yoiiugstown  charter,   defeat  of,   181 

Zueblln,   Charles,   definition   by,   245 


\ 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 

This  book  is  DUE  on  the  last  date  stamped  below. 


dijii  i  1S5C 

r^'^  1419511 


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